Course:History 344 Nasty Families/Regions/Duchy of Lancaster

The Duchy of Lancaster’s beginnings can be traced back to the Baron’s War of 1262, when some of King Henry III's more powerful barons rose up against him. After defeating the barons in 1266, Henry seized property from two of their leaders, The Earl of Leicester and the Earl of Derby. Between 1266 and 1399 the Duchy gained substantial holdings when it was passed back to the Crown upon the death of the last Duke of Lancaster, John the Gaunt. Henry Bolingbroke was the decedent of John the Gaunt, but had been banished from England by King Richard II in 1398. Upon the passing of his father John, Henry returned to England and forced Richard’s abdication and imprisonment. Henry then took the crown for himself becoming Henry IV. One of the first actions he took was to separate the Duchy from the rest of the Crown possessions, so that if Henry’s family lost the crown, it would still maintain ownership over the Duchy. King Henry VI would eventually be overthrown by Edward IV who kept ownership over the Duchy but kept it separate from other Crown Possessions.

Before 1399 the Duchy was run by a group of administrators headed by a Chancellor who oversaw the day-to-day operations of the Duchy. The Duke of Lancaster had a council of advisors who helped him make decisions concerning his various properties. When the Crown took over the Duchy lands, the Council was allowed to continue managing the Duchy. The group of administrators was also left in place, to be overseen by the Council.

After 1399, the Council of the Duchy acted much like a parliament and a court system. The Council used common law to adjudicate disputes between landowners of the Duchy. Most of the issues that came before the Council were disputes over land, but it also investigated other issues, such as disturbances of the peace. Petitions and bills would also be presented before the Council if the issues they concerned fell under Duchy control.

The Duchy increased and decreased in size over the years. By 1604, it had at one time or another exercised control in nineteen Boroughs. James I and Charles I both sold off significant portions of the Duchy and it wasn’t until the monarchy was restored that the Duchy lands were brought back in to the Duchy fold. Under Charles II and William III the Duchy lands were once again diminished. In 1702, Queen Anne passed an act preventing the sale of Duchy lands.

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