County Palatine of Durham - Early Administration

Early Administration

At its historic extent, Durham included a main body covering the Catchment of the Pennines in the west, the River Tees in the south, the North Sea in the east and the Rivers Tyne and Derwent in the north. The county had a number of exclaves: Bedlingtonshire, Islandshire and Norhamshire within Northumberland, and Craikshire within the North Riding of Yorkshire. In 1831 the county covered an area of 679,530 acres (2,750.0 km2) and had a population of 253,910. The historic 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.

Until the 15th century the most important administrative officer in the palatinate was the steward. Other officers were the sheriff, the coroners, the chamberlain and the chancellor. The palatine exchequer was organized 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, and later produced the Chancery and the courts of Admiralty and Marshalsea.

Durham city was captured by a Norman army in 1069. There was a rebellion against the new Norman earl Robert de Comines, who was killed. However, County Durham largely missed the Harrying of the North that was designed to subjugate such rebellions. The best remains of the Norman period are to be found in Durham Cathedral and in the castle, also in some few parish churches, as at Pittington and Norton in Stockton. Of the Early English period are the eastern portion of the cathedral, the churches of Darlington, Hartlepool, and St Andrew, Auckland, Sedgefield, and portions of a few other churches.

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 Nevilles owned large estates in the county. Raby Castle, their principal seat, was rebuilt by John Neville, 3rd Baron Neville de Raby in 1377.

Edward I's quo warranto proceedings of 1293 showed twelve lords enjoying more or less extensive franchises under the bishop. The repeated efforts of the Crown to check the powers of the palatinate bishops culminated in 1536 in the Act of Resumption, which deprived the bishop of the power to pardon offences against the law or to appoint judicial officers. Moreover, indictments and legal processes were in future to run in the name of the king, and offences to be described as against the peace of the king, rather than that of the bishop. In 1596 restrictions were imposed on the powers of the chancery, and in 1646 the palatinate was formally abolished. It was revived, however, after the Restoration, and continued with much the same power until July 5, 1836, when the Durham (County Palatine) Act 1836 provided that the palatine jurisdiction should in future be vested in the Crown. Doubts about the construction of this Act led to the enactment of the Durham County Palatine Act 1858.

During the Wars of the Roses, Henry VI passed through Durham. On the outbreak of the Great Rebellion Durham inclined to support the cause of Parliament, and in 1640 the high sheriff of the palatinate guaranteed to supply the Scottish army with provisions during their stay in the county. In 1642 the Earl of Newcastle formed the western counties into an association for the King's service, but in 1644 the palatinate was again overrun by the Scottish army, and after the Battle of Marston Moor fell entirely into the hands of Parliament.

In 1614 a bill was introduced in Parliament for securing representation to the county and city of Durham and the borough of Barnard Castle. The movement was strongly opposed by the bishop, as an infringement of his palatinate rights, and the county was first summoned to return members to Parliament in 1654. After the Restoration the county and city returned two members each. By the Reform Act of 1832 the county returned two members for two divisions, and the boroughs of Gateshead, South Shields and Sunderland acquired representation. The boroughs of Darlington, Stockton and Hartlepool returned one member each from 1868 until the Redistribution Act of 1885.