Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/134

118 the crown from king Richard II, and aumed the title of Henry IV. But he was too prudent to uffer this to be united to the crown, let, if he lot one, he hould loe the other alo. For, as Plowden and ir Edward Coke oberve, “he knew he had the duchy of Lancater by ure and indeealible title, but that his title to the crown was not o aured: for that after the deceae of Richard II the right of the crown was in the heir of Lionel duke of Clarence, econd on of Edward III; John of Gant, father to this Henry IV, being but the fourth on.” And therefore he procured an act of parliament, in the firt year of his reign, to keep it ditinct and eparate from the crown, and o it decended to his on, and grandon, Henry V, and Henry VI. Henry VI being attainted in 1 Edw. IV, this duchy was declared in parliament to have become forfeited to the crown and at the ame time an act was made to keep it till ditinct and eparate from other inheritances of the crown. And in 1 Hen. VII another act was made to vet the inheritance thereof in Henry VII and his heirs; and in this tate, ay ir Edward Coke and Lambard, viz. in the natural heirs or poterity of Henry VII, did the right of the duchy remain to their days; a eparate and ditinct inheritance from that of the crown of England.

ile of Ely is not a county palatine, though ometimes erroneouly called o, but only a royal franchie; the bihop having, by grant of king Henry the firt,  within the ile of Ely, and thereby he exercies a juridiction over all caues, as well criminal, as civil.