England & Wales Ecclesiastical Court Indexes

Marriage Bonds & Allegations.

Holmote Court Proceedings

Probate Records

History and Context

"The Church of England courts have existed since the middle ages, summoning vast numbers of ordinary people to appear before representatives of the bishop or archdeacon for the "reformation of their souls and correction of their manners". The courts were also used by ordinary people to bring causes against each other - for defamation, unpaid tithes, matrimonial disputes and testamentary arguments over wills and legacies. Proceedings were carefully recorded, produced in a prolific quantity of act books and copious documents."

Source: - Church court Records By Anne Tarver Published by Phillimore.

Counties palatine were established in the 11th century to defend the northern (Scottish) and western (Welsh) frontiers of the kingdom of England. In order to allow them to do so in the best way they could, their counts were granted palatine ("from the palace", i.e. royal) powers within their territories, making these territories nearly sovereign jurisdictions with their own administrations and courts, largely independent of the king, though they owed allegiance to him.

The Counties palatine of Durham and Chester, ruled by the prince-bishops of Durham and the earls of Chester respectively, were established by William the Conqueror. Cheshire had its own parliament, consisting of barons of the county, and was not represented in the parliament of England until 1543, while it retained some of its special privileges until 1830. The earldom of Chester has since 1301 been associated with the title of Prince of Wales which is reserved for the heir apparent to the throne or crown of the UK (though originally the throne of England).

As well as having spiritual jurisdiction over the diocese of Durham, the bishops of Durham retained temporal jurisdiction over County Durham until 1836. The bishop's mitre which crowns the bishop of Durham's coat of arms is encircled with a gold coronet which is otherwise used only by dukes, reflecting his historic dignity as a palatine earl.

Lancashire was made a county, or duchy, palatine in 1351 and kept many of its special judicial privileges until 1873. Although the dukedom of Lancaster merged into the Crown in 1399, it is to this day held separate from other royal lands, and managed by the Duchy of Lancaster. The title of Chancellor of the Duchy of Lancaster is still used by a member of the British cabinet. In Lancashire, the loyal toast is to "the Queen, Duke of Lancaster".

The king's writs did not run in these three palatine counties until the nineteenth century and, until the 1970s, Lancashire and Durham had their own courts of chancery.

Source: - Wikipedia.

 

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