County Palatine of Durham

The County Palatine of Durham was a jurisdiction in the North of England, within which the bishop of Durham had rights usually exclusive to the monarch. It developed from the Liberty of Durham, which emerged in the Anglo-Saxon period. The gradual acquisition of powers by the bishops led to Durham being recognised as a palatinate by the late thirteenth century. Durham was one of several counties palatine in England during the Middle Ages, but was noted for having an exceptionally wide range of powers and independence from the monarch. The county palatine had its own government and institutions, which broadly mirrored those of the monarch and included several judicial courts. From the sixteenth century the palatine rights of the bishops were gradually reduced, and were finally abolished in 1836. The last palatine institution to survive was the court of chancery, which was abolished in 1972.

County Palatine of Durham and Sadberge
883–1836
Coat of arms of Durham
Coat of arms
The wards and exclaves of the palatinate. Bedlingtonshire was part of Chester-le-Street Ward, and Craikshire was part of Darlington Ward.
The wards and exclaves of the palatinate. Bedlingtonshire was part of Chester-le-Street Ward, and Craikshire was part of Darlington Ward.
StatusPrince-Bishopric
CapitalDurham
History 
• Community of St Cuthbert established
684
• Move to Chester-le-Street; Lands granted south of Tyne
883
• Move to Durham
995
• Bishops granted palatine powers
1071
• The Act of Resumption curtails civil and judicial independence in the palatinate
1537
• Durham returns its first members to Parliament
1654
• Tenures Abolition Act ends the bishop's rights as chief feudal lord in the Palatinate
1660
• County Palatine formally dissolved
1836
Preceded by		Succeeded by
Earldom of Northumbria
County Durham
The former exchequer on Palace Green, Durham, (right) is the only surviving medieval administrative building of the palatinate. It was built by Robert Neville, bishop 1438–57.[1]

The palatine included most of contemporary County Durham, the parts of Tyne and Wear south of the Tyne, and had exclaves in Northumberland and North Yorkshire around the island of Lindisfarne and the settlements of Bedlington, Norham, and Crayke.

History

Early history

The territory of the palatinate began to form in 684, when King Ecgfrith of Northumbria granted a substantial territory to St Cuthbert after the latter was elected bishop of Lindisfarne in 684. In about 883 the diocese moved to Chester-le-Street and Guthred, King of Northumbria granted it the area between the Tyne and the Wear. In 995 the diocese was moved again, to Durham, and received additional grants of land. Throughout this period the earl of Northumbria was the secular ruler of the region.[2]

Establishment and consolidation

In 1075, shortly after the Norman conquest, William the Conqueror allowed Bishop Walcher to purchase the earldom of Northumbria after its previous holder, Waltheof, rebelled against the king; this marked the beginning of the bishops' temporal authority.[2][3] Disputes with the officials of Northumberland were not resolved until 1293, when Bishop Antony Bek and his steward failed to attend a summons by the justices of Northumberland, and the case eventually reached Parliament. There, Bek argued that "from time immemorial it had been widely known that the sheriff of Northumberland was not sheriff of Durham nor entered within that liberty as sheriff", and that Durham was independent of any other county.[4] These arguments appear to have been accepted, as by the 14th century Durham was considered a liberty which received royal mandates direct.[2] The jusisdiction of the bishops was also expanded during this period when the wapentake of Sadberge, another liberty within Northumberland, was purchased by bishop Hugh de Puiset in 1189. It was gradually incorporated into Durham, but retained separate assizes until 1586.[5]

Decline and abolition
The coat of arms of Cuthbert Tunstall, bishop 1530-51 and 1554–59, on Durham Castle. They combine the arms of the diocese (left) with Tunstall's personal arms (right). Above the shield is a mitre encircled by a coronet, symbolising the bishops' spiritual and temporal power.

The later history of the palatinate is characterised by the Crown and parliament slowly diminishing the powers of the bishops and incorporating the county into the regular system of local government in England. This process began in 1536, when the Act of Resumption deprived the bishop of the power to pardon offences or to appoint judicial officers and mandated that the county's legal system would in future be run in the name of the king, rather than the bishop.[2] In March 1553 the diocese was briefly abolished; the bishop, Cuthbert Tunstall, had been removed from office and imprisoned in 1552 because he did not support the religious policies of Edward VI's de facto regent, John Dudley. Mary I had restored both the diocese and Tunstall to office by April 1554, and in practice the abolition seems to have been ignored.[6][7] In 1596, under Elizabeth I, restrictions were placed on the palatinate's court of chancery.[2]

Durham (Representation of) Act 1672
Act of Parliament
Parliament of England
Long titleAn Act to enable the County Palatine of Durham to send Knights and Burgesses to serve in Parlyament.
Citation25 Cha. 2. c. 9
Dates
Royal assent29 March 1673
Other legislation
Repealed byStatute Law Revision Act 1887
Status: Repealed
Text of statute as originally enacted

In 1646 the parliament of the Commonwealth of England again abolished the palatinate, but after the Stuart Restoration it was once again revived.[2] In 1654 the palatinate sent its first members to the Parliament of England, two each for the city of Durham and the wider county; the bishops had previously put up strong opposition to a 1614 bill which would have given the city of Durham and Barnard Castle representation. By 1831 the county covered an area of 679,530 acres (2,750.0 km2) and had a population of 253,910.[8][9] These boundaries were used for parliamentary purposes until 1832, and for judicial and local government purposes until the coming into force of the Counties (Detached Parts) Act 1844, which merged most remaining exclaves with their surrounding county.[10]

During the nineteenth century several other Acts of Parliament were passed which affected the governance of Durham. The Durham (County Palatine) Act 1836 effectively abolished the palatine by transferring the bishop's remaining palatine rights to the Crown.[2][11] Doubts about the construction of this Act led to the enactment of the Durham County Palatine Act 1858.[12] Durham was included in the standardisation of English and Welsh local government enacted by the Local Government Act 1888, which created Durham County Council.[13] Durham maintained its own judicial identity until the Courts Act 1971 abolished its separate court of chancery.[14]

Administration
St Cuthbert's Church, Bedlington. Although considerably rebuilt, it retains a Norman chancel arch and other elements.[15]
Norham Castle, in Norhamshire, was founded by Bishop Flambard in 1121, captured by the Scotland in 1136 and 1138, and rebuilt by Bishop le Puiset in 1157. It was the bishops' main fortress on the Scottish border.[16]
Lindisfarne Priory, in Islandshire. The island was the site of the diocese's original cathedral and was the original burial place of St Cuthbert. The present ruins are the remains of the monastery re-founded here in 1083 by Bishop St-Calais as a subordinate monastery to Durham.[17]
St Cuthbert's Church, Crayke. The bishops of Durham had a residence in the village, which was the centre of Craikshire.[18]

At its greatest extent, the county palatine consisted of a large, contiguous territory around Durham and several exclaves to the north and south. The contiguous territory was bounded the rivers Tyne and Derwent in the north, the North Sea to the east, the River Tees to the south, and the Pennines in the west.[19] The exclaves were Bedlingtonshire, Islandshire and Norhamshire within Northumberland, and Craikshire within the North Riding of Yorkshire.[20][21] Durham itself was divided by the 13th century into four "wards" (equivalent to hundreds) named after their chief towns: Chester-le-Street, Darlington, Easington and Stockton. Each had its own coroner and a three-weekly court.[2]

The prior of Durham ranked first among the bishop's barons. He had his own court, and almost exclusive jurisdiction over his men. There were ten palatinate barons in the 12th century, the most important being the Hyltons of Hylton Castle, the Bulmers of Brancepeth, the Conyers of Sockburne, the Hansards of Evenwood, and the Lumleys of Lumley Castle. The Neville family also owned large estates in the county, including Raby Castle.[2]

Taxation

The principle that the King would not tax Durham may have been established as early as 685, when St. Cuthbert was made bishop of Lindisfarne, and successive bishops of the diocese acquired extensive estates with exemptions from tax. They also maintained a seignorial court, which implied exemption from interference by the king's officers.[22] There is no evidence that the bishops paid danegeld, which was first collected in 991; after the Norman Conquest it became a regular tax based on the Domesday survey, which Durham was also omitted from.[23][24][25]

Several documents survive which prove Durham's exemption from taxes, including two precepts from the reign of William II and charters from the reign of Henry II which exempt the palatine from a wide range of taxes and reaffirm similar privileges granted in the reigns of Henry I and William II.[26][27][28] When the bishopric was vacant it was in included in the pipe rolls maintained by the English Exchequer, which show that it did not pay taxes such as carucage.[29] When Henry II enforced the Assize of Clarendon in the palatinate he also stated that his actions should not be used as a precedent, implying that the exclusion of the king's justices was a privilege of the palatinate.[30] It is not known whether palatinate would have been subject to the Saladin tithe, as bishop de Puiset pledged to go on crusade and was therefore exempt from paying it.[31][32][33] During the vacancy which followed the death of bishop Philip of Poitou in 1208 King John appears to have raised money in the palatinate, but this was regarded as an infringement of local privilege.[34][35][36]

Government and courts
Main article: Courts of the County Palatine of Durham

The palatine had its own government, whose officers were ultimately appointed by the bishop. Until the 15th century the most important administrative officer was the steward, and the palatine also had a sheriff, coroners, a chamberlain and a chancellor. The palatine exchequer was organised in the 12th century. The palatine assembly represented the whole county, and dealt chiefly with fiscal questions. The bishop's council, consisting of the clergy, the sheriff and the barons, regulated the judicial affairs. The palatine eventually developed several courts, including chancery, common pleas, admiralty and marshalsea.[2] The Court of the County of Durham was abolished by section 2 of the Durham (County Palatine) Act 1836, the Court of Chancery of the County Palatine of Durham and Sadberge was abolished by the Courts Act 1971, and the Court of Pleas of the County Palatine of Durham and Sadberge[37] was abolished by the Supreme Court of Judicature Act 1873.

St Cuthbert and the haliwerfolc

During the medieval period, St Cuthbert became politically important in defining the identity of the people living in the semi-autonomous region. Within this area the saint became a powerful symbol of the autonomy the region enjoyed. The inhabitants of the Palatinate became known as the "haliwerfolc", an Old English phrase which roughly translates as "people of the saint", and Cuthbert gained a reputation as being fiercely protective of his domain.[38]

An example of Cuthbert's importance is the Battle of Neville's Cross in 1346, when the prior of Durham Cathedral received a vision of Cuthbert ordering him to take the corporax cloth of the saint and raise it on a spear point near the battlefield as a banner. Doing this, the prior and his monks found themselves protected "by the mediation of holy St Cuthbert and the presence of the said holy Relic."[39]

Symeon of Durham related a tale of a tax gatherer named Ranulf, who was sent by William the Conqueror to force the people of the saint to contribute to the national revenue. St. Cuthbert, angry at this infringement of his liberties, "horribly visited" Ranulf, who was glad to escape alive from the bishopric.[40] The tale, despite its miraculous elements and the fact it likely postdates the events described, is still of value as it shows the local notion of the bishop's privilege in the matter of taxation.[41][42]

Legacy

Several buildings related to the bishops of Durham and the palatinate survive, including the castles at Durham, Norham, and Bishop Auckland, and the exchequer building on Palace Green in Durham.[43][44][45][46]

The county palatine has been used by the tourism industry to promote Durham, often using the tagline 'land of the prince bishops'.[47] The phrase can also be seen on road signs when entering the County Durham unitary authority.[48]

References
  • Aird, William M, St Cuthbert and the Normans: The Church of Durham 1071-1153, Studies in the History of Medieval Religion 14, Boydell Press. 1998 . Google
  • Bonney, Margaret. Lordship and the Urban Community: Durham and its Overlords, 1250–1540. Cambridge University Press. 1990. Google
  • Cam, "The Evolution of the English Medieval Franchise" (1957) 32 Speculum 427. Law-finders and Law-makers in Medieval England. 1979. Google
  • Fraser, C M. A History of Antony Bek, Bishop of Durham, 1283–1311. Clarendon Press. 1957. Google
  • Holdsworth, A History of English Law. 1903. vol 1. p 50. 3rd Ed. 1922. p 109.
  • Holford, Matthew. Border Liberties and Loyalties: North-East England, c 1200 to c 1400. Edinburgh University Press. 2010. Chapters 1 to 4. Page 17.
  • Lapsley, Gaillard Thomas, The County Palatine of Durham. A Study in Constitutional History. (Harvard Historical Studies, No 8). New York. 1900.
  • Larson, P L, Conflict and Compromise in the Late Medieval Countryside: Lords and Peasants in Durham, 1349–1400. Routledge. 2006. Google
  • Liddy, Christian D, The Bishopric of Durham in the Late Middle Ages: Lordship, Community and the Cult of St Cuthbert. Boydell Press. 2008. Google
  • Liddy, Christian D, "The Politics of Privilege: Thomas Hatfield and the Palatinate of Durham, 1345–81". J S Hamilton (ed). Fourteenth Century England IV. Page 62. See also p 175.
  • Marcombe, David. The Last Principality: Politics, Religion and Society in the Bishopric of Durham, 1494–1660. University of Nottingham. 1987. Google
  • Pollard, A J, "The Crown and the County Palatine of Durham, 1437–94". The North of England in the Age of Richard III. Stroud. 1996. Pages 67 to 87.
  • Pollard, A J "St Cuthbert and the Hog: Richard III and the County Palatine of Durham, 1471–85". Griffiths and Sherborne (eds). Kings and Nobles in the Later Middle Ages. Gloucester. 1986. Pages 109 to 129.
  • Storey, R L "The County Palatine of Durham". Thomas Langley and the Bishopric of Durham: 1406–1437. SPCK. 1961. Chapter 2. Page 52. Google
  • Scammell, G V, "The Liberty of Durham, 1153–95". Hugh Du Puiset: A Biography of the Twelfth-Century Bishop of Durham. Cambridge University Press. 1956. Chapter 5 .
  • Thornton, Tim, "Fifteenth Century Durham and the Problem of Provincial Liberties in England and the Wider Territories of the English Crown" (2001) 11 Transactions of the Royal Historical Society (Sixth Series) 83
  1. "Palace Green Library". Durham World Heritage Site. Retrieved 8 June 2023.
  2. "Durham". Encyclopædia Britannica. 11th Ed. Vol 8.
  3. Dugdale, Thomas; Burnett., William (1830). England & Wales Delineated (Curiosities of Great Britain). p. 689.
  4. C. M. Fraser, Edward I of England and the Regalian Franchise of Durham in Speculum, Vol. 31, No. 2. (Apr. 1956), pp. 329–342
  5. Anderson, Olof Sigfrid (1934). "Sadberge". The English hundred-names (Thesis). Lund: Håkan Ohlsson. p. 1.; Page, William (ed.). "Stockton ward: Introduction and map". A History of the County of Durham. Victoria County History. Vol. 3. London: British History Online. pp. 191–194. Retrieved 8 August 2018.
  6. Loades, David (2016). "The Marian Episcopate". In Duffy, Eamon; Loades, David (eds.). The Church of Mary Tudor. Abingdon and New York: Routledge. ISBN 978-0-7546-3070-8.
  7. "Tunstal [Tunstall], Cuthbert (1474–1559), bishop of Durham and diplomat". Oxford Dictionary of National Biography (online ed.). Oxford University Press. 2004. doi:10.1093/ref:odnb/27817. Retrieved 8 June 2023. (Subscription or UK public library membership required.)
  8. Vision of Britain – Durham (Ancient): area. Retrieved 30 November 2007
  9. National Statistics – 200 years of the Census in... Durham. Retrieved 2 December 2007.
  10. "Counties (Detached Parts) Act 1844". legislation.gov.uk.
  11. The Durham (County Palatine) Act 1836 (6 & 7 Will 4 c 19)
  12. The Durham County Palatine Act 1858, preamble
  13. "Local Government Act 1888". legislation.gov.uk. Retrieved 8 June 2023.
  14. "Courts Act 1971, c. 4". legislation.gov.uk. Retrieved 8 June 2023.
  15. Pevsner, Nikolaus; Richmond, Ian; et al. (2002). Northumberland. New Haven and London: Yale. p. 162.
  16. Pevsner, Nikolaus; Richmond, Ian; et al. (2002). Northumberland. New Haven and London: Yale. pp. 521–23.
  17. Pevsner, Nikolaus; Richmond, Ian; et al. (2002). Northumberland. New Haven and London: Yale. pp. 335–41.
  18. Pevsner, Nikolaus (1 January 1981). Yorkshire: The North Riding. Yale University Press. p. 131. ISBN 978-0-300-09665-1.
  19. Vision of Britain – Durham historic boundaries. Retrieved 30 November 2007.
  20. Vision of Britain – Islandshire Archived 29 April 2011 at the Wayback Machine (historic map). Retrieved 1 December 2007.
  21. Vision of Britain – Norhamshire Archived 29 April 2011 at the Wayback Machine (historic map). Retrieved 1 December 2007.
  22. Lapsley, section 16. See also Maitland, Domesday Book and Beyond, pp 258 to 292. Lapsley, The County Palatine of Durham, 1900, p 295, footnote 1.
  23. Maitland, Domesday Book and Beyond, p 323. Stubbs, i, 118, 148. Lapsley, The County Palatine of Durham, 1900, p 295, footnote 2.
  24. Stubbs, i, 431. Lapsley, The County Palatine of Durham, 1900, p 295, footnote 5.
  25. Lapsley, The County Palatine of Durham, 1900, pp 25 to 27, and p 295, footnote 6.
  26. Davis and Whitwell. Regesta Regum Anglo-Normannorum, 1066-1154. 1913. vol 1. p 103.
  27. Davis and Whitwell. Regesta Regum Anglo-Normannorum, 1066-1154. 1913. vol 1. p 116.
  28. Scriptores Tres App No xxxv. Lapsley, The County Palatine of Durham, 1900, p 296, footnotes 3, 4, and 5.
  29. Boldon Book, App, i to xiii. Although the Sheriff compounded for Danegeld, it was accounted for by that name, and could not, therefore, in the case of Durham, have been included in the farm of the county. See Madox, Exchequer, i, 685. Lapsley, The County Palatine of Durham, 1900, p 296, footnote 1.
  30. Scriptores Tres App No xxxi. Lapsley, The County Palatine of Durham, 1900, p 296, footnote 6.
  31. See the Ordinance of the Saladin Tithe, section 3, in Stubbs, Select Charters, 160. Lapsley, The County Palatine of Durham, 1900, p 297, footnote 1.
  32. Stubbs, William, ed. (1913). "Henry II, King of England: The Saladin Tithe, 1188". Select Charters of English Constitutional History. Oxford: Clarendon Press. p. 189. Reprinted in Roy C. Cave & Herbert H. Coulson, A Source Book for Medieval Economic History, (Milwaukee: The Bruce Publishing Co., 1936; reprint ed., New York: Biblo & Tannen, 1965), pp. 387–388. Scanned by Jerome S. Arkenberg, Cal. State Fullerton. The text has been modernized by Arkenberg.
  33. Bartlett (2000). England Under the Norman and Angevin Kings. Oxford: Clarendon Press. pp. 165–168. ISBN 0-19-822741-8.
  34. "Homines qouque monachorum Dunhelmiae [qui] hic hactenus in quodam sinu patris latuerant, add communes tallias et vexationes et onera compellebantur; nec eos beati Patris Cuthberti tuebatur reverentia; nec aliquod hiis remedium consuetudo antiqua neque ecclesiae conferre poterant privilegia": Coldingham, cap xix, in Scriptores Tres, 27. Lapsley, The County Palatine of Durham, 1900, p 297, footnote 5.
  35. As to the saladin tithe, see Tyerman, 1996, p 80; Petit-Dutaillis, 1936, p 190; Keen and Slemrod, 2021, p 411; Hanson, 1965, p 217. As to the vacancy after 1208, see The Great Roll of the Pipe for . . . Michaelmas 1204 (Pipe Roll 50), p xxii; (1915) Archaeologia Aeliana 105.
  36. For further on the geld, see G V Scammell, 1956, p 185; Aird, St Cuthbert and the Normans, p 185, footnote 5; and Thornton, "Fifteenth Century Durham", p 89, footnote 34.
  37. It is referred to in the debates on the Bishopric of Durham Bill in Hansard (e.g. here) and in report of Jewett v Summons.
  38. G.T. Lapsley, The County Palatinate of Durham (1900)
  39. The Rites of Durham, being a Description or Brief Declaration of All the Ancient Monuments, Rites and Customs belonging or being within the Monastical Church of Durham before the Suppression, Written 1593, ed. J. T. Fowler (Surtees Society 107, 1903)
  40. Symeon, i, 107 & 108. Cf. Metrical Life of St. Cuthbert (Surtees Society), lines 6235 to 6295. Lapsley, The County Palatine of Durham, 1900, p 296, footnote 2.
  41. Lapsley, The County Palatine of Durham, 1900, pp 295 & 296.
  42. For Cuthbert and taxes, see Thorton, Cheshire and the Tudor State 1480-1560, 2000, p 61.
  43. Lapsley, The County Palatine of Durham, 1900, pp 53 & 356
  44. Lapsley, The County Palatine of Durham, 1900, p 91 & 360.
  45. Pettifer, English Castles, p 25
  46. Tschen-Emmons. "Durham Exchequer Building". Buildings and Landmarks of Medieval Europe. Greenwood. 2017. p 9. Adrian Green, "Law and Architecture in Early Modern Durham" in Lobban, Beggetio, and Green (eds). Law, Lawyers and Litigants in Early Modern England. CUP. 2019. p 280.
  47. Foges, Natasha (1 December 2018). "Land of the Prince Bishops: Explore County Durham". Visit Britain Magazine. Retrieved 7 June 2023.
  48. "Love, battles and deities: Is the end nigh for county slogans?". BBC News. 18 June 2016. Retrieved 7 June 2023.
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