any more than Aelfred was his Deputy in that of the West-Saxons. For they two by compact di∣vided the whole Kingdom betwixt them, and joyntly enacted Laws, which were to be mutually observ'd both by the English and Danes. And hence some Monks have taken occasion to unite them falsly, in granting Charters to Monasteries, &c.
[c] What vast Privileges and Immunities this Church had by the Liberality of Princes, we may learn in general from Mr. Camden; but may have a more particular view by the help of some observati∣ons upon that Head, extracted for me by Mr. Rudd Schoolmaster of Durham, out of the posthumous Pa∣pers of Mr. Mickleton, who had made large Collecti∣ons in order to the Antiquities of this County.
It's probable the Bishops were Counts Palatine before the Conquest; it appears at least they were so in the Conque∣rour's time. Their power was formerly very great, till part of it was taken away by the Statute of Henry 8. It was a common saying, that Quicquid Rex habet extra Co∣mitatum Dunelmensem, Episcopus habet intrà; nisi aliqua sit concessio, aut praescriptio in contrarium. They had power to levy Taxes, and make Truces with the Scots; to raise defensible persons within the Bishoprick, from 16 to 60 years of age. They had power also to make Barons, who, as well as their vassals, were bound to come to their Palace to advise them, and to give them observance and obedience in their Courts. And altho' the Canons for∣bid any Clergyman to be present when judgment of blood is given, the Bishops of Durham did and may sit in Court in their Purple-robes in giving judgment of death. Hence the saying, Solum Dunelmense judicat stola & ense. They had a Mint, and power to coyn money. The Courts, which in other places are held in the King's name, were, till the Statute of Henry 8. held here in the Bishop's; till which time he could make Justices of Assizes, of Oyer and Ter∣miner, and of the Peace; and all Writs went out in his name. All Recognizances, entred upon his Close-Rolls in his Chancery, and made to him, or in his name, were as valid within the County, as those made to the King without. He could exempt men from appearing at the Assizes, and being Jurors. He had a Register of Writs of as much authority, as that in the King's Courts. He hath yet his Court of Chancery, Common-Pleas, and County Court, and Copyhold or Halmot Court. A great part of the Land in the County is held of him as Lord Paramount in Capite. All the Moors and Wastes in the County to which no other can make title, belong to him; which could not be enclos'd without his grant. Neither could Freehold Lands be alie∣nated without his leave: they that did so, were oblig'd to sue to him for his Patent of Pardon. He pardon'd intrusi∣ons, trespasses, &c. He had villains or bondmen, whom he manumitted when he pleas'd. The Lands, Goods, and Chat∣tels of those that committed Treason are forfeited to the Bi∣shop. All forfeitures upon Outlawries or Felonies belong to him. He could pardon Felonies, Rapes, Trespasses, and other Misprisions. He had the fruits of Tenures by Wardships, Marriages, Liveries, Primier-seizins, Ouster le mains, &c. He gave licence to build Chapels, found Chantries and Hospitals, made Burroughs and Incorporations, Mar∣kets, Fairs, &c. He created several Officers by Patent, ei∣ther quamdiu se bene gesserint, quamdiu Episcopo placuerit; or for life, or lives; viz. his Temporal Chan∣cellor, Constable of the Castle of Durham; Great Cham∣berlain, Under-Chamberlain; Secretary, Steward, Trea∣surer, and Comptroller of his Houshold; Steward and Under-steward of the Manours or Halmot Courts, Sheriff, Proto∣notary, Clerk of the Chancery, Crown, and Peace; several Keepers of the Rolls, belonging to their respective Offices; Registers and Examiners in Chancery; Clerk of the County Court; Stewards of Burrough-Courts; Escheators, Feoda∣ries, Auditors and Under-Auditors; Clerks of the Receipt of the Exchequer; Supervisors of Lordships, Castles, Mines of Coal, Lead, and Iron; Coroners; Conservators of Rivers and Waters; Officers of the Marshalsea, or Clerks of the Market of Cities, Burroughs, and Towns; Keepers of his Seal of Ulnage, and of his Wardrobe and Harness. But none of his Patents are valid any longer than the Bishop's life that gives them, unless they be confirm'd by the Dean and Chapter. He had several Forests, Chaces, Parks, Woods, where he had his Foresters (who kept Courts in his name, and determin'd matters relating to the Forests, &c. or the Tenants of them) Parkers, Rangers, Pale-keepers. He was Lord Admiral of the Seas and Waters within the County Palatine; had his Vice-Admirals, and Courts of Admiralty, Judges, Registers, Examiners, &c. Officers of Beaconage, Anchorage, &c. he awarded Commissions to regulate wa∣ters, and passage of waters.
There have been several contests betwixt the Archbishop of York, and the Bishop of Durham, about Ecclesiastical Ju∣risdiction; the one attempting to exercise his Archiepiscopal ju∣risdiction in this Diocese the other claiming a peculiar im∣munity. Walter Gray Archbishop, profferr'd the Arch∣deacon of Durham the guariandship of Stanhop-Church, but he refus'd to accept it, as having it before in his own or the Bishop's right. Another Archbishop coming to visit the Priory, when the Bishop was absent at Rome, was forc'd to take Sanctuary in St. Nicholas Church; as he was af∣terwards, upon another attempt of the same nature: and when he was going to excommunicate them in his Sermon, was in danger of being kill'd, if he had not escap'd out of the Church: one of his Attendants lost an ear.
[d] Upon the river Tees lyes Percebridge, where was dug up an Altar with this Inscription:
This distinct mention of Condati, would tempt us to believe that this was the ancient Condate which Mr. Camden places in Cheshire. Which opinion one may close with the more freely; because nothing (at least that he has told us of) induc'd him to settle it at Congleton, beside the affinity of names.
[e] North from hence is Heighington (in Darling∣ton-ward) where Elizabeth Penyson founded a School in the 43d of Queen Elizabeth, to which Edward Kirkby, late Vicar, gave by Will 70 l.
[f] Of the Pits call'd Hell-Kettles, take this account, as I had it in a Letter from a very ingenious Gentle∣man, who view'd them.
ACcording to the promise which I made you, I went to sound the depth of Hell-Kettles near Darlington. The name of bottomless pits made me provide my self with a line above two hundred fathoms long, and a lead weight proportionable, of five or six pound weight; but much smal∣ler preparations would have serv'd: for the deepest of them took but fifteen fathoms, or thirty yards of our line. I can∣not imagine what these Kettles have been, nor upon what grounds the people of the Country have suppos'd them to be bottomless. They look like some of our old wrought Coal-pits that are drown'd: but I cannot learn that any Coal, or other Mineral has ever been found thereabouts. They are full of water (cold, not hot, as Mr. Camden has been misinform'd) to the very brim, and almost the same level with the Tees which runs near them, so that they may have some subterraneal communication with that river. But the water in the Kettles (as I was inform'd) is of a different kind from the river-water: for it curdles milk, and will not bear soap. But this I did not try.
Below Darlington stands Yarum (bigger and better built than Darlington) a considerable Market: and about three miles below Yarum by Land (but eight or ten by water) stands Stockton, a considerable town well-built, and a Corporation, having a great trade in Lead and Butter: tho' about thirty years since it