Page:The Complete Peerage Ed 1 Vol 5.djvu/9

 LANCASTER. 7 that most noble Oiler. He sue. his father 22 Sep. 1345, as Earl ok Lancaster and Leicester and High Steward of England. He was also Lord of Bcryerac (1 June 1347), and of Beaufort in France. In 1340 he " surrendered his grant in tail to the King, because, as it was alleged, the Jura Iteyalia granted to his father in 1342 were of a magnitude so great that they appeared to the King and his council to be ad maximum dam/mum it nimiatnacMeredationem Regit." He, however, " was permitted to hold tho.se royal rights during his life-time, as appears by the Charter granted to him on the 25 Sept. 1340, the terms of which are precisely the same as in the sur- rendered charter, except that the former was in tail and the present for life on]y."( :l ) He was cr. 20 Aug. 1349, HAUL OK LINCOLN,!*) and, finally, an o March 1350/1, waa cr. DUKE OF LANCASTER with Palatine jurisdiction^) for life within the county of Lancaster. He is said to have been cr. by King David II. [S.] EAKL OF MORAY [S.] He m. before 1838 Isabel, da. of Henry (DE Beaumont), 1st Lord Beaumont (sometime Earl of Buchan [3.]), by Alice, 1st da. and coheir of Sir Alexander Comtn, niece aud heir of line to John, Eaui. ok Buchan [S.] He d. s.p.m. (of the plague) 13 March 1360/1. and was bar. (with his father) at Leicester. At his death the Dukedom became extinct and the other honours may, most probably, be considered to have rererted to the Crown, tho' in right of his da. (and eventually sole heir) his sou in law (see next below) her husband claimed the four Earldoms of Lancaster, Derby, Lincoln, and Leicester. The Duke's will, in which he styles himself "Duke of Lancaster,^) Earl of Derby, Lincoln, and Leicester, Steward of Enyland, (») See 30th Rep. of the D.K. of the Pub. Records (1869) p. iv, where it is added that "this decision may have arisen from the fact that the Earl had no male issue, and there might be great inconvenience in allowing these royal rights to be enjoyed by the husbauds of his daughters." (b) « The words of this Charter are peculiar and show very plaiuly in what maimer the grant of the annuity for the third penny carried with it the title of Earl ok Lincoln. The words are, ' Noe sibi nomen Comitis Lincoln adicitnus volentes et concede!) tee q'd neduin ip'e set heredes sui imp'petuum h'eant et teneant nomen illud. Et ne d'e'm nomen nudum pciiitus dicat r et inutile, dedimus et coneessiinns et hac carta u'ra conurinavhuus p'fato Comiti sub no'ie Comitis Lincoln viginti libras p'cipiend' sibi et heredibui suis p'tercio denario dci. eomitatus.' " [Courthope.] ( c ) This was the second Dukedom conferred in England that of Cornwall (granted to the King's eldest son in 1337) being the first. The Palatinate jurisdiction of the Dukedom of Lancaster " was in the Earldom of Lancaster altho' now to be adminis- tered under the higher personal dignity of Duke." the patent of the Dukedom giving the grantee " Palatinate jurisdiction similar to that of Chester within the said county of Lancaster." Both Dukedoms (Cornwall and Lancaster) were cr. in Pari. " by girdiug." The patent of the Dukedom of Lancaster " contains no words of limitation whatever, being prefato Henrico nomen Ducis Lancasl. imponimns et ipsuta de nomine Ducis dicti loci per cineturam yladii p'sentialiter inrestimus ; the next clause gives him a Chancery within the said County ad totam vitam suam, so that this dignity may be considered to have been a life estate." [Courlhopc "on dignities," pp. lxii-lxiii.] Thus the Duchy of Lancaster, of which the muniments [presented by Queen Victoria to the nation] are private (tho' concerning the entire, jurisdiction of its vast dominion) includes the Palatinate, as out of its members. The muniments of the Palatinate, however, arc public, tho' purely heal, and remain in the county to which they refer. See 30th Report of the D.K. of the Pub. Records. It is also there remarked " that the county of Lancaster became a palatinate in [1351] 25 Ed. III. in the person of Henry, 1st Duke of Lancaster ; it, however, ceased to be a palatinate on his death, in 1361, and continued extinguished for 16 [sic] years. In 1377 [sic, but query if not 1364], however, King Edward III. revived it iu the person of his son, John of Gaunt. That illustrious prince had thus conferred upon him Jura Regalia within the county Palatine, co-extensive with those exercised by the King of England in counties not Palatinate. From that time to the present, the Palatinate of Lancaster has always been dealt with and described as being a parcel or member of the greater regality — the Duchy of Lancaster, under which comprehensive denomination the county palatine is included." C 1 ) The Barony of Lancaster when its owner was Earl of the same place, as also the Earldom of Lancaster when he was Duke of the some place are (according apparently to tho ancient custom in such cases) omitted. See voL iv, p. 143, note "c" (circa Jincm), sub " Hamilton," as to this practise in Scottish titles.