Kings bench And if the said erroneous judgment shall be in any Action personal the same shall be reversed by bill before the Lord president of the Marches and councel there Officers Ministers Clerks and Writers for the expediting of the said great Sessions First there are the Chamberlains of every the said circuits as hath been said who are properly and Originally the Treasurers of the Revenue within their charge and by the said Statutes are also Keepers of the seals as aforesaid therein they do undertake in part the Office of a Chancellour And in every of the said circuits there is the Atturney or Regius Advocatia and Sollicitor There is a Protonotary or chief Register who draweth all the pleadings Protonotary Clâ—rk of the Crown entereth and engrosseth the Records and Judgments in civil causes and ingrossing Fines And there is also a Clerk of the Crown which draweth and ingrosseth all inditements and proceedings arraignments and judgments in criminal causes and these two Officers are at the King or States appointment There is a Marshal to attend the persons of the Judges at their common sitting and going from the Sessions or Court There is a Marshal There is a Cryer Tanquam publicus preco to call forth such persons whose apparences are necessary and to impose silence to the people And these two Officers last remembred are deposed by the Justices And thus much touching the Justices of the great Sessions There are also other ordinary Officers appointed for every Shire in Wales by the said Statute 34. Henry 8. such and in like manner as in other the Shires in England There is a commission under the great Seal of England to certain Gentlemen What a Justice of peace giving them power to preserve the peace and resist and punish all turbulent persons whose misdemeanour may tend to the disquiet of the people and these are called Justices of peace and every of them may well be termed Eirnarcha the chief of them is called Custos Rotulorum in whose custody all the Records of their proceedings are resident Others there are of that number called Justices of the peace and Quorum because of their Commissions whereby they have power to sit and determine causes concerning breach of peace and misbehaviour the words of the Commission are conceived thus Quorum such and such Vnum vel duos c. Esse volumus and without some one or more of them of the Quorum no Sessions can be holden and for the avoiding of the superfluous number of such Justices 8. Justices onely allowed in every County of Wales for through the ambition of many it is accounted a credit to be burthened with that Authority The Satute of 34 Hen. 8. hath expresly prohibited that there shall be above eight Justices of Peace within every of the Counties and Shires of Wales which if the number were not indefinite for the Shires in England it were the better These Justices do hold their Sessions quarterly And it is further ordained by the Statute of 34 Hen 8. that two Justices of peace whereof one to be of the Quorum may hold their Sessions without any greater number In every of the said Shires where the said Commission of peace is established There is also a Clerk of the peace for the entring and engrossing of all proceedings before the said Justices and this Officer is appointed by the Custos Rotulorum Sr. John Dod fol. 49. Every of the said Shires hath a Sheriff which word being of the Saxon English is as much as to say a Shire-Reeve or Minister or Bailiff of the County his Function or Office is twofold Ministerial and Judicial As touching his Ministerial Office he is the Minister and Executioner of all the Process and Precepts of the Courts of Law and thereof ought to make return and certificate Why the Tourne Court so called and as touching the Judicial Office he hath Authority to hold two several Courts of distinct natures the one called the Tourne because he keepeth a Tourne or Circuit about the Shire holding the same in several places wherein he doth enquire of all offences perpetrated against the common Law and not forbidden by any Statute or Act of Parliament The County Court derived from Justice Communicative And the Jurisdiction of this Court is derived from justice distributive and is for criminal offences The other is called the County Court where he doth determine all petty and small causes civil under the value of 40 s. arising within the said County and thereof it is called the County Court And the Jurisdiction of this Court is drawn from Justice Communicative and is held every Moneth The Office of the Sheriff is annual by the Statute of 34 Hen. 8. it is ordained that the Lord President Councel and Justices of Wales or three of them at the least whereof the President to be one shall yearly nominate three fit persons for that Office of whom the King or State may elect one who thereupon shall have his Patent and be Sheriff of the said Shire Escheator why so called Every of the said Shires hath an Officer called an Escheator which is an Officer to attend the Kings Revenue and to seize into his hands all lands either Escheated goods or lands forfeited therefore he is called Escheator and he is to enquire by good enquest of the death of the Kings Tenants and to whom the lands are descended and to seize the bodies and lands for Ward if they be within age and is accountable for the same And this Officer in Wales is nominated Escheator 34 Hen. 8. cap. 16. by the Lord Treasurer of England by the advice of the Lord President Councel and Justices or three of them at least whereof the Lord President to be one There are also in every of the said Shires two Officers called Coroners they are to enquire by enquest in what manner and by whom every person dying a violent death came to his death and to enter the same of Record which is matter criminal and a plea of the Crown Coroners why so called and thereof they are called Coroners or Crowners as one hath written because their enquiries ought to be publick Et in Corona Populi These Officers are are chosen by the Free-holders of the Shire by vertue of a Writ out of the Chancery De Coronatore Eligendo And of them I need not speak more because these Officers are elsewhere The Goal Forasmuch as every Shire hath one Goal or Prison appointed for the restraint of liberty of such persons as for their offences are thereunto committed until they shall be delivered by course of Law Finally in every hundred of every of the said Shires the Sheriffs thereof shall nominate sufficient persons to be Bailiffs of that hundred and under Ministers of the Sheriff and they are to attend upon the Justices in every of their Courts and Sessions The Government of the Marches of Wales
his own hands shall hold and enjoy the same as freely as they did before the time of the wars and shall use the same liberties and customs which they used before contrary to this Article the Lord Reginald Grey hath brought many new customs against the Form of peace aforesaid 5. All Controversies moved or to be moved betwixt the Prince and any other shall be decided after the Law of the Marches if they have their beginning in the Marches and after the Laws of Wales such as in Wales have their beginning contrary to this Article the King doth and sendeth Justices to Anglesey who presume to judge there the men and subjects of the Prince setting fines upon them contrary to the Lawes of Wales seeing neither this nor any like was ever heard of in times past imprisoning some out-lawing others when the Prince is at all times ready to do justice to all men that complain upon any of his men 6. Where it is in the peace That Gruffith Vachan should do homage for the land in Yale and to the Prince for the land in Ederneon The Kings Justices brought the Lady of Maylor into the said land of Ederneon The knowledge of which cause onely pertained to the Prince and not to the said Justices and yet for peace sake the said Prince tollerated all this being at all times ready to minister justice to the said Lady 7. And though the said Prince submitted himself unto us and our will yet we nevertheless will and grant that our will in no case go further than is contained in those Articles Contrary to this Article Gold was exacted for the Queens works at every payment made to the King which Gold was never demanded in the time of King Henry or any other King of England which Gold yet for quietness sake the Prince paid though it were not spoken of or mentioned in the peace And now further it is exacted for the old Queen the Kings mother that now is for the peace concluded with King Henry 2000 Marks and a half and unless it be paid the King threatneth to occupy the goods and lands of Lhewelyn and his people which he could find in his Realm and sell men and beasts till the sum were paid 8. When the King invited the Prince at his Feast at Worcester promising with very fair words that he would give his kinswoman to him for wife and enrich him with much honour nevertheless when he came thither the self same day they should be married before Mass the King required a Bill to be sealed by the Prince containing amongst other things That he would never keep man against the Kings will nor never maintain any whereby it might come to pass That all the Princes forces should be called from him the which Letter sealed he delivered the King by just fear which might move any constant man yet was not this contained in the peace whereas the conclusion of peace was That the King should require nothing that was not contained in the same 9. Where in the peace all Customs be confirmed to the said Prince as his ancestors of long and daily observed Custom have received to their own use all Wrecks hapning upon his own lands The Justice of Chester took a distress of the Prince for goods of Shipwrack received by him before the wars contrary to the Form of the said peace by the which all trespasses on either side were remitted and contrary to the Customs aforesaid and if in case it were forfeited yet he took such a distress 15 pounds of honey and many horses and imprisoned his men and this he took of the Princes own proper goods And further took booties of Bagiers which came to Lyrpool with Marchandize and never delivered the same until he had taken so much money for the same as it pleased him 10. When certain men of Geneurglyn had taken certain goods of some of their Neighbours of Geneurglyn when they were in the Dominion of the Prince in Meyreon the Kings men of Lhanbadarn did take away the said goods out of the said Dominion of the Prince and when the Princes men came thither and asked the cause why they took the said prey the Kings men killed one of them and wounded others and the rest they did imprison neither could the Prince get any justice for the said goods to this day 11. And where it is contained in the peace That all things committed in the Marches shall be redressed in the Marches yet the Kings men would no where hear the Princes men but put them in the Castle of Lhanbadarn which is against the peace aforesaid In these Articles and divers others the King standeth sworn to the Prince and his people And although the Prince as well by himself as by his people have often requested the King to cause the said peace to be kept yet was it in no point kept but daily the Kings Justices did more and more heap injuries and griefs upon the people of those parts So that it cannot be blamed if the Prince did assent to them that first began the wars seeing the Oath which the Lord Robert Typtoft sware unto the King was kept in no point and chiefly seeing the Prince was forewarned that he should be taken as soon as the King came to Ruthlan as he had been indeed if the King had come thither after Christmas as he purposed These Griefs following were done by the King and his Officers to the Lord David ap Gruffith 1. When the said David came to the Lord Edward then Earl of Chester and did him homage the said Lord Edw. did give by his Letters Patents to the said David two Cantrefs Dyffryn Cluyd and Crinmeyrch with all the appurtenances afterwards when he was made King he confirmed the said gift to the said David and gave him possession of them After when Gwenlhian Lacy died who held some Towns in the said Cantrefs for term of life which after her decease appertained to David by force of the aforesaid grant which Towns yet the King took from him contrary to his Letters Patents 2. Item When the said David did hold of the Lord the King the Villages of Hope and Eston in Wales of the which he ought to answer no man but according to the Laws of Wales yet the Justice of Chester caused the said David to be called to Chester at the suite of one William Venable an Englishman to answer for the Title of the said Villages and although the said David did often and instantly desire him the said justice not to proceed against him injuriously in the County of Chester where he was not bound to answer by the form of the peace yet he plainly denied him to be judged either in Wales or after the Laws of Wales 3. Item The said Justice of Chester to the injury of the said David did cut down his Wood of Lhyweny and his Woods at Hope as well by the Dwellers of Ruthlan as others and yet the
said Justice had no jurisdiction in those patts and not being contented to get Timber there for building as well of Ruthlan as of other places but also destroyed the same Woods sold it and carried it into Ireland 4. Item Where the said David took certain Out-lawes and Rovers in the Woods and caused them to be hanged yet the said Justice accused David to the King for succouring and maintaining the Thieves aforesaid which was not like to be true seeing he caused them to be hanged 5. Item It is provided in the peace that all the Welshmen and their causes should be judged after the Lawes of Wales This was in no point observed with the said David and his people Of these aforesaid griefs the said David required often amends either according to the Laws and Customs of Wales or of special favour but he could never obtain any of them both at his hands Further the said David was warned in the Kings Court that as soon as Reginald Grey should come from the Court Good service ill requited the said David should be taken and spoiled of his Castle of Hope his Wood should be cut down and his Children taken for Pledges who seeing he had taken great pains and peril for the King in all his wars as well himself as his people both in England and Wales and had lost thereby the most part of the Nobility of his Countrey and yet nevertheless could obtain neither Justice Amends nor favour at his hands having such great wrongs offered unto him and fearing his own life and his Childrens or else perpetual prison being enforced as it were against his will began to defend himself and his people Griefs and Injuries offered by the King and his Officers to the men of Ros. 1. This is the Form of peace which the King of England did promise the men of Ros before they did him homage which he promised them to observe inviolably That is to say That the King should grant to every of them their Right and Jurisdiction as they had in time of King Henry according as the said men do report that they had in the time of King Henry 2. Item The Lord the King did promise the same men that they should have Justice in their Suites after granting of the which Articles the said men did homage unto the King And then the King promised them with his own mouth faithfully to observe the said Articles This notwithstanding a certain Nobleman passing by the Kings high way with his wife in the Kings peace met certain English Labourers and Masons going to Ruthlan where they did then work A notorious ouragious murther and iniustice committed against the Welsh who attempted by force to take away his wife from him and while he defended her as well as he could one of them killed his wife and he who killed her with his followers were taken and when the kindred of her who was slain required Law at the Justice of Chesters hands for their kinswoman they were put in prison and the murtherers delivered 3. Item A certain man killed a Gentleman who had killed the son of Grono ap Heilyn and was taken but when certain of the kindred required justice before the Justice of Chester certain of them were imprisoned and the Offender set at liberty and justice denied to the kindred A profitable Judge to himself but unjust to the oppressed 4. Item Certain Gentlemen claimed some lands and offered the King a great sum of money to have justice by the Verdict of good and lawful men of the Countrey then the lands being adjudged to the Claimers Reginald Grey took the same lands corn goods and all upon the ground so that they lost their lands money corn and cattel 5. Item It is our right That no stranger should cut our Woods without our leave yet this notwithstanding A hard case there was a Proclamation at Ruthlan That it should be lawful for all other men to cut down our Woods but to us it was forbidden 6. Item Where divers honest men had lands of the gift of the said David the Justice taketh the said mens lands away A slavery worse than Jewish 7. Item When any cometh to Ruthlan with Merchandize if he refuse whatsoever any Englishman offereth he is forthwith sent to the Castle to prison and the Buyer hath the things and the King hath the price then the Souldiers of the Castle first spoil and beat the party and then cause him to pay the Porter and let him go 8. Item If any Welshman buy any thing in Ruthland and any Englishman do meet him he will take it from him and give him less than he paid for it 9. Item The King contrary to his promise made to the men of Ros hath given the Territory of Maynan Penmayn and Lhysuayn 10. Item Certain Gentlemen of the Cantref of Ros bought certain Offices and paid their money for the same yet the Justice of Chester took the said Offices from them without cause 11. Item Grono ap Heilyn took to Farm of Godfrey Marliney the Territory of Maynan and Lhysuayn for the term of four years yet Robert de Cruquer with Horses and Armes and 24 Horsemen came to vex the said Grono so that he had no safe going neither to Ruthlan nor Chester without a great guard of his kindred and friends 12. Item Certain Gentlemen were arrested for trespasses done before the wars and imprisoned and could not be delivered until they had paid 16 Mark which was contrary to the peace concluded 13. Item Our causes ought to be decided after the custome of our Lawes but our men be compelled to swear against their Consciences else they be not suffered to swear Furthermore we spent 300 Marks in going to the King for justice in the aforesaid Articles Sr. Reginald Gâ—ey a cruel Tyrant over the Welsh And when we believed to recover full justice the King sent to our parties the Lord Reginald Grey to whom the King hath set all the land to farm to handle the men of the said Cantref as it pleaseth him who compelled us to * To swear by his hand whereas we should swear by the hand of the King swear in his name whereas we should swear in the Kings name and where the Kings Cross ought to be erected he caused his Cross to be erected in token that he is the very true Lord and the said Reginald at his first coming to those parts of Wales sold to certain servants of the King Offices for 60 Marks which the said servants bought before of the King for 24 Mark which Offices ought not to be sold at the choice of the Lord. 14. Item The King gave Meredyth ap Madoc a Captainship for his service Reginald Grey took it from him neither could he get any remedy at the Kings hand for the same 15. Item One of the Councel of the said Reginald Cynwric Vachan told us by mouth that as soon as the
the said Baronies Merchers were then in his own hands And for that also divers murders rapes roberies and enormities and odious offences had been there committed and by reason of the flight of the offendours Monmoth made an English Shire from one Barony as is usual upon the borders they had escaped due and condigne punishment for their such enormities and crimes he ordained also that the county of Monmoth formerly being a shire of Wales should be governed from thenceforth in like manner Stat. 27. H. 8. cap. 26. and by the same Judges as other Shires of England and for the other 12 Shires he ordered a special jurisdiction and Officers but yet in substance agreable and after the lawes of England although for the circumstance of time and place and persons in some few things discordant He ordained that out of every of the said Shires of Wales there should be one Knight and out of every of the Shire Towns of Wales named in the said Act of Parliament Stat. 276. cap 26. there should be one Burgesse elected after the English manner which Knights and Burgesses so elected and duly upon the summons of every parliament in England returned should have place and voice in the parliament of England as other the Knights and Burgesses of England used to have Circuits 34. H 8. cap. 26. Stat As for the administration of justice in the said 12 Shires of Wales there was by an Act of parliament of 34. H. 8. ordained 4. several circuits precints or Conventus Juridicus allotting to every of them three of these Shires so that the Chief Justice of Chester hath under his jurisdiction the three several Shires of Denbigh Flint and Montgomery his Fee is yearly 100 l. Justice The Shires of Carnarvon Merioneth and Anglesey are under the Justice of Northwales whose Fee is 50 l. The counties of Carmardhin Pembrock and Cardigan have also their Justice whose Fee is 50 l. The counties of Radnor Brecknock and Glamorgan have also their Justice whose Fee is 50 l. After by an Act of parliament made 18. Eliz. cap. 8. one other Justice assistant was ordained to the former Justices Stat. 18. Eliz. cap. 8. so that now every of the said four circuits have two Justices viz. one chief Justice and a second Justice assistant Their Jurisdiction These Justices in every of their circuits have almost the same Jurisdiction that the ancient Justices in Eyre or Justices Itenerants had First they had power to hear and determine all criminal causes which are called in the lawes of England the pleas of the Crown and herein they have the same absolute jurisdiction that the Judges have of the K. bench commonly so called They have also Jurisdiction to hear and determine all civil causes which are called in the lawes of England common pleas and to take the acknowledgment of Fines levied of lands or hereditaments without suing any dedimus potestatem and herein they have the same jurisdiction that the Justices of the Common pleas do execute in the hall at Westminster also they may hear and determine all Assizes upon disseisons of lands or hereditaments wherein they equal the jurisdiction of the Justices of Assize They may hear and determine all notable violences and outrages perpetrated or done within their several precints and therein they have the power authority and jurisdiction of the Justices of Oyer and Terminer Their Chancery Seal and Writs For as much as no suite can commence between party and party nor orderly Justice can be done without complaint of the pursevant and summons and admonition given unto the defendant which summons the policy of England from the beginning of the first foundation of this Common-wealth hath appointed to be performed by that kind of formulae juris which the common law calleth a Writ or Brief so called as Bracton saith Breve quia rem quae est intentionem petentis breviter enarrat and which writ is alwaies conceived in form quondam of the Kings name in manner of a preecept Royal and sealed with the Kings or Potestates great seal Writt either Judicial or Original Therefore in the appointing of this Jurisdiction there is ordained to every Circuit or precint a several Seal for the sealing of such writs and commissions as the case shall require within that Circuit And for as much as all Writts are either Original such as begin the suite or else judicial such as command and warrant the execution thereof It is by the said Statute made in the 34 Hen. 8. ordained that the Seal serving for Original process in several shires of Denbigh and Montgomery should be in the custody of the Chamberlain of Denbigh and what the original Seal of Chester shall be and stand for the Original Seal of Flint and shall be in the custody of the Chamberlain of Chester the like seal serving for the several shires of Carnarvon Merioneth and Anglesey to be in the custody of the Chamberlain of Northwales The like seal concerning the several Shires of Radnor Brecknock and Glamorgan is committed to the custody of the Steward of Brecknoc And finally the like Seal serving for the several Shires of Caermardhyn Pembrockâ— and Cardigan is in the usage of the Chamberlain of Southwales These Chamberlains are as Chancellours in this behalf and have the sealing of all Original writs and commissions within the several precints and these Chamberlains may also award out several writs to all Under-Receivers of the Revenues and ministers to make their accounts The Seal for sealing judicial writs is appointed by the said Statute 34 H. 8. to be and remain by the Justices of every the said circuits for the more expedite execution of their Judgment The great sessions Their Sessions and manner of Sitting Every of these Justices in their several circuits shall be Itenerant twice every year and sit in every of the Shires with their authority by the space of six dayes together at a place certain by them so appointed and upon proclamation of summons to be made 15 dayes before the said sittings Adjournments where all persons requiring Justice may purchase their writs and proceed in their suits And where Adjournments of the causes there depending shall be De die in diem and if the cause can have no end during the sitting then from Sessions to Sessions as the nature of the business shall require and according to the discretion of the said Justices and these sittings are called the great Sessions 34. H 8 cap. 26. â— 33 Petâ—y Sessions And if their shall be such multitudes of pleas personal as that they cannot be tryed at the same great Sessions then the issues there in trial shall and may be tried at some Sessions before the Deputy Justice which is therfore called the petty sessions And if any erroneous judgment be given by the said Justices in any real Action the same shall be reversed by writ of error before the Justices of the
Brittain was imprisoned and Edwal Voel the Son of Anarawd and Elise his Brother were slain in a battel which they fought against the Danes and Englishmen This Edwal had six sons Meiric Janaf or Jenan Jago which is James Conan Edwal Vachan and Roderick after whose death Howel Dha his Cosin German ruled all VVales during his life Elise also had Issue Conan and a Daughter named Trawst which was Mother to Conan ap Sitsylht Gruffith ap Sitsylht and Blethin ap Covyn which two last were afterwards Princes of VVales Howel Dha This Howel Dha King or Prince of Southwales and of Powis long before this time after the death of Edwal Voel his cosin took upon him the rule and government of all VVales about the year of Christ 940. who notwithstanding the sons of Edwal did something murmur against him was for his godly behaviour discreet and just rule beloved of men This Howel constituted and made Laws to be kept through his Dominions which were used in Wales till such time as the Inhabitants received the laws of England in the time of King Edward the First and in some places thereof long after These laws are to be seen at this day both in VVelsh and Latine Howel Dha perceiving the laws and customes of his country to have grown unto great abuse sent for the Arch-Bishop of Menenia and all the other Bishops and chief of the Clergy A pious example for all Princes to the number of one hundred and forty Prelates and all the Barons and Nobles of VVales and caused six men of the wisest and best esteemed in every Comote to be called before him whom he commanded to meet altogether at his house called Y Tuy Gwyn Taf that is The white house upon the River Taf. Thither he came himself and there remained with those his Nobles Prelates and Subjects all the Lent in prayer and fasting craving the Assistance and direction of Gods holy Spirit that he might reform the Laws and Customes of the Country of VVales to the honour of God and quiet government of the people About the end of Lent he chose out of that company twelve men of the wisest gravest and of the greatest experience to whom he added one Clerk or Doctour of the lawes named Blegored a singular learned and perfect wise man These had in charge to examine the old lawes and customes of Wales and to gather of such as were meet for the government of the Country which they did retaining those that were wholesome and profitable expounding those that were doubtful and ambiguous and abrogating those that were superfluous and hurtful and so ordained three sorts of Laws The first for ordering of the King or Princes Houshold and his Court. The second of the affairs of the Country and Common-wealth The third of the special customes belonging to particular places and persons Of all the which being read allowed and proclamed he caused three severall books to be written one for his dayly use to follow his Court an other to lye in his Palace at Abersfrew and the third at Dinevour that all the three Provinces of Wales might have the use of the same when need required The King and Princes of Brittain much observant of the See Apostolike And for the better observation of these lawes he procured of the Archbishop of St. Davids to denounce sentence of excommunication against such of his Subjects as refused to obey the same whithin a while after Howel because he would omit nothing that could bring countenance and authority to his said laws went to Rome taking with him the Archbishop of St. Davids the Bishop of Bangor and Asaph and thirteen other of the learnedst and wisest men in VVales where the said lavves being recited before the Pope vvere by his authority confirmed then having finished his devoted pilgrimage he returned home again vvith his company 1. By these lawes they might not morgage their lands but to one of the same family or kindred which were de eadem Parentela 2. Every tenant holding of any other then his Prince or Lord of the Fee paid a fine pro defensione Regia which was called Arian Ardhel in Latine Advocarii 3. No Legacy of goods by Will was good otherwise then those which were given to the Church to the Lord of the Fee or for payment of debts 4. Every man might destrain as well for debts as for rent of Lands any goods or Cattel saving horses which were counted to serve for a mans necessary defence and were not destrainable without the Princes licence 5. Causes of Inheritance were not heard or determined but from the ninth of November till the ninth of February or from the ninth of May until the ninth of August the rest of the year was counted a time of vacation for sowing in the spring and reaping in the harvest This also is to be observed that all matters of inheritance of Land were determined and adjudged by the King or Prince in person or his special Deputy if he were sick or impotent and that upon the view of the said Land calling unto him the Freeholders of the same place two Elders of his Councel the Chief Justice attending alwaies in the Court the ordinary Judge of the Country where the Land lay and the Priest The manner of their proceeding was thus the King or Prince sat in his Judicial seat higher then the rest with an Elder on his right hand and an other on his left and the Freeholders on both sides next unto them which for this cause as I think were called Vchelwyr Before him directly a certain distance off and a little lower sat the Chief Justice having the Priest on his right hand and the ordinary Judg of that Countrey on the left The court being set the Plaintiff came in with his Advocate Champion and Rhyngyth and stood on the right side and last of all the Witnesses on both parties came which stood directly before the Chief Justice at the lower end of the Hall untill they were called up to testify the truth of their knowledge in the matter in varitance The figure of which I thought good here to lay down as ye see Vnderneath Uchelwyr An Elder The King An Elder Uchelwyr The Priest THE Chief Justice The Judge The Defendant  The Plaintiff Rhyngyth  Rhyngyth Advocate  Advocate Champion The VVitnesses Champion After the hearing of this book read the depositions of the witnesses and full pleading of the cause in open Court upon warning given by the Rhyngyth the chief Justice the Priest and the Ordinary Judge withdrew themselves for a while to consult of the matter and then secundum Allegata probata brought their verdict the Court sitting Whereupon the King or Prince after consultation had with the Elders or Seniors which sat by him gave definitive sentence except the matter was so obscure and intricate that right and truth appeared not in the which case it was tryed by the two Champions and so
the Altars We hope that your Fatherhood and the said Court of Rome will rather with pity lament our case than with rigor of punishment augment our sorrow Neither shall the Kingdom of England be in any wise disquieted or troubled by our means as is affirmed so that we may have the peace duely kept and observed towards us and our people Who they be that are delighted with blood-shed and war is manifestly apparent by their deeds and behaviour for we would live quietly upon our own if we might be suffered but the Englishmen coming to our Countrey did put all to the sword neither sparing sex age or sickness or any thing regarding Churches or sacred Places the like whereof the Welshmen never committed That one having paid his ransom was afterwards slain we are right sorry to hear of it neither do we maintain the offender who escaping our hands keepeth himself as an Out-law in the Woods and unknown places That some began the war in a time not meet or convenient that understood not we of till now and yet they who did the same do affirm that in case they had not done as they did at that time they had been slain or taken prisoners being not in safety in their own houses and forced continually for safeguard of their lives to keep themselves in Armour and therefore to deliver themselves from that fear they took that enterprise in hand Concerning those things which we commit against God with the assistance of his grace A true Christian resolution in Lhewelyn we will as it becometh Christians repent and turn unto him neither shall the war on our part be continued so that we be saved harmless and may live as we ought but before we be disinherited or slain we must defend our selves as well as we may Of all injuries and wrongs done by us we are most willing and ready upon the due examination and trial of the trespasses and wrong committed on both sides to make satisfaction to the utmost of our power so that the like on the Kings side be performed in like manner towards us and our people and to conclude and establish a peace we are most ready But what peace can be established when as the Kings Charter so solemnly confirmed is not kept and performed Our people are daily oppressed with new exactions We send unto you also a note in writing of the wrongs injuries which are done unto us contrary to that Form of the peace before made we have put our selves in Armour being driven thereunto by necessity for we and our people were so oppressed trodden under foot spoiled and brought to slavery by the Kings Officers contrary to the Form of peace concluded against justice none otherwise then if we were Saracens or Jewes whereof we have oftentimes complained unto the King and never could get any Redress but alwayes those Officers were afterwards more fierce and cruel against us and when those Officers through their ravine and extortion were enriched other more hungry than they were sent afresh to flea those whom the other had shorn before so that the people wished rather to dye than to live in such oppression And now it shall not be needful to leavy any Army to war upon us or move the Prelates of the Church against us so that the peace may be observed duely and truly as before is expressed Neither ought your holy fatherhood to give credit to all that our adversaries do alleadge against us for even as in their deeds they have and do oppress us so in their words they will not stick to slaunder us laying to our charge what liketh them best Therefore forasmuch as they are alwayes present with you and we absent from you they oppressing we oppressed we are to desire you even for his sake from whom nothing is hid not to credit mens words but to examine their deeds Thus we bid your Holiness farewell Dated at Garth Celyn in the Feast of Saint Martin Certain Griefs sent from Lhewelyn to the Archbishop translated word by word out of the Records of the said Archbishop Where that it is contained in the Form of Peace concluded as followeth 1. If the said Lhewelyn will claim any right in any lands occupied by any other then by the Lord the King without the said 4 Cantress the said Lord the King shall do him full justice according to the Laws and Customs of those quarters or parts where the said lands do lye Which Article was not observed in the lands of Frustly and betwixt the waters of Dyni and Dulas for that when the said Lhewelyn claimed the said lands before the Lord the King at Ruthlan and the King granted him the cause to be examined according to the Laws and Customs of Wales and the Advocates of the parties were brought in and the Judges which vulgarly they called Ynnayd before the King to judge of the said lands according to the Lawes of Wales and the Defendant appeared and answered so that the same day the cause ought to have been fully determined according to the appointment of our Lord the King who at his being at Glocester had assigned the parties the said day and though the same cause was in divers places often heard and examined before the Justice and the lands were in North Wales and never judged but by the Laws of Wales neither was it lawful for the King but according to the Laws of Wales to prorogue the cause All that notwithstanding he prorogued the day of his own motion contrary to the said Laws and at the last the said Lhewelyn was called to divers places whither he ought not to have been called neither could he obtain justice nor any judgement unless it were according to the Laws of England contrary to the said Article of peace and the same was done at Montgomery when the parties were present in judgement and a day appointed to hear the Sentence they prorogued the said day contrary to the aforesaid Laws and at the last the King himself at London denied him justice unless he would be judged according to the English Laws in the said matter 2. All Injuries Trespasses and Faults on either part done be clearly remitted unto this present day This Article was not kept for that as soon as the Lord Reginald Grey was made Justice he moved divers and innumerable accusations against the men of Tegengl and Ros for trespasses done in the time of King Henry when they bare rule in those parts whereby the said men dare not for fear keep their own houses 3. Whereas it was agreed That Rees Vachan ap Rees ap Maelgon shall enjoy his possessions with all the land which he now holdeth c. After the peace concluded he was spoiled of his lands in Geneurglyn which he then held with the men and cattel of the same 4. Also our Lord the King granteth That all Tenants holding lands in the 4 Cantrefs or in other places which the King holdeth in
great credit and favour between whom and the Lord Grey of Ruthin happen some discord about a piece of Commons lying between the Lordship of Ruthin and the Lordship of Glyndourdwy whereof Owen was owner and thereof took the sirname of Glindour during the reign of K. Richard Owen was too hard for the Lord Grey being then a servitour in court with K. Rich. with whom he was at the time of his taking in the castle of Flint by the Duke of Lancaster but after that K. Richard was put down the Lord Grey being now better friended then Owen entred upon the said Commons whereupon Owen having many friends and followers in his country as those that be great with princes commonly have put himself in armour against the Lord Grey whom he meeting in the field overcame and took prisoner The Welsh ever addicted to believe prophesies This was the very beginning and cause Owens rising and attempts upon the taking of the Lord Grey and spoyling of his Lordship of Ruthin many resorted to Owen from all parts of Wales some thinking that he was now as well in favour as in K. Richards time some other putting in his head that now the time was come wherein the Brittains through his means might recover again the honour and liberty of their ancestours A caveat for Mr. Pugh and such as are over credulous in prophesies These things being laid before Owen by such as were very cunning in Merlins prophesies and the interpretations of the same for there were in those dayes as I fear there be now some singular men which are deeply overseen in those mysteries and hope one day to mete velvet upon London bridge with their bowes brought him into such a fools paradice that he never considering what title he might pretend or what right he had proceeded and made war upon the Earle of March who was the the right Inheritor as well to the principality of Wales as appeareth formerly as to the Crown of England after the death of K. Rich. being descended from the elder brother next to Edw. Prince of Wales father of K. Rich. of which insurrection rebellion there ensued much mischief unto the Welshmen for the King conceiving great hatred against them shewed himself a manifest opressour of all that nation making rigorous lawes against them whereby he took in a manner all the liberties of subjects from them Cruel Lawes against the Welsh probibiting all Welshmen from purchasing lands or to be chosen or received Citizens or Burgesses in any City Burrough or market towns or to be receied or accepted to any office of Maior Bailiffe Chamberlain Constable or Keeper of the gates or of the goale or to be of the Councel of any City Burrough or Town or to bear any manner of armour within any City c. And if any suit happened between a Welshman an Englishman it was by law ordained that the Englishman should not be convict unlesse it were by the judgment of English Judges and by the verdict of the whole English Burgesses or by Inquests of English Burroughs and Towns of the signiories where the suit lay also that all Englishmen that married Welshwomen should be disfranchized of their liberty no congregation or meetings in councel was permitted to Welshmen but by licence of the chief Officers of the said signiory and in the presence of the same Officers That no victualls nor armour should be brought into Wales without the special licence of the King or his Councel That no Welshman should have any Castle Fortresse or house defensive of his own or of any other mans to keep no Welshman to be made Justice Chamberlain Chancellour Treasurer Sheriff Steward Constable of Castle Receiver Eschetor Coronor nor chief Forrester nor other Officer nor Keeper of Records nor Lieutenant in any of the said Offices in no part of Wales nor of the councel of any English Lord notwithstanding any patent or licence made to the contrary That no Englishman which in the time to come shall marry any Welshwoman be put in any Office in VVales or in the Marches of the same These with other lawes both unreasonable and unconcionable such as no prince among the Heathen ever offered to his subjects were ordained and severely executed against them Neither was it any reason that for the offence of one man his complices all the whole nation should be so persecuted whereby not only they that lived in that time but also their children and posterity should be brought to perpetual thraldom and misery A law more cruel then that Julian the Apostate for these lawes were not ordained for their Reformation but of meer purpose to work their utter ruine and destruction which doth evidently appear in that they were forbidden to keep their children at learning or to put them to be apprentises to any occupation in any Town or Burrough in this realme Let any indifferent man therefore judge and consider whether this extremity of law where Justice it self is meer injury and cruelty be not a cause and matter sufficient to withdraw any people from civility to barbarisme 〈…〉 This Hen. dyed in the 10th year of his reign leaving a son behind him being an infant of ten moneths who by reason of his tender age was not as by any word extent can be proved ever created prince but was proclaimed King immediately after the death of his father by the name of Henry the Sixt. Edward of Westminster Henry the sixt by the advice of his Lords Spiritual and Temporal given to him in his Parliament holden in the 31 year of his reign did afterwards by his charter bearing date 15 day of March 32. Regni created Edward his son born at Westminster by one and the self same patent to be both prince of Wales and Earle of Chester and invested him therein His Creation with the usual Ensignes of that dignity as had been in former time accustomed TO HAVE AND TO HOLD the said dignities to him and his heirs Kings of England Sr. J. Dodridge which Charter is recited in the Act of Parliament holden at Westminster 9. Julii anno 33. regni In the which Act of Parliament is also recited another Charter likewise confirmed by the said Parliament whereby the said King did give unto the said Prince the said principality of Wales together with all the Lordships and lands Castles and Tenements by speciall names above mentioned and all in the former Charters granted and conveied to the former Princes and the said Fee Farms and Rents of 113 l. 13 s. ob out of the Lordship and Town of Buelht and the said 56l 13s 4d out of the Lordship Castle and Town of Montgomery likewise mentioned in the Charters of the former Prince To have and to hold to him and his heirs Kings of England By the same Act of Parliament also it was enacted because the said prince was then of tender years and there was assigned unto him a certain
them were created Princes of Wales or whereby any of the Revenues of the said principality were given or conferred unto any of them so that it seemeth they were princes generally by their birth and not princes of Wales by any creation or investure for in a record of an account of the Duke of Cornwal in the time of the said Edward he is called by the name of prince of England and not by the name of prince of Wales And thus much touching the succession or ranks of the princes of Wales which I have drawn in an Historical though in a plain and homely manner thereby the better to take the harshnesse of the particularities of records intermingled therewith which of themselves although they offer profitable knowledg yet they do carry with them small delight but also for that the variety of things in those succeeding ages in the sundry occurrences and accidents thereof do yield good matter of observance and worthy memory representing as it were the English state for the time of more then 200 years Now therefore do rest nevertheless three things concerning the said principality to be further considered of First in what manner and order the said principality and Marches of Wales were governed and directed under the said prince Secondly what Officers as well Domestical as others the said princes had about them and their Fees as far forth as I could come to any certain knowledge thereof And thirdly an abstract of the Revenues of the said principality as they lately stood Whereby it may be perceived what in time past the said Revenues have been The manner of Government of the Principality of Wales The said principality being under the government of the princes of the Welsh blood whose ancient patrimony yet remained untill the conquest thereof by K. Ed. I. as hath allready been shewed was guided governed and directed by their own municipal lawes and the customs of the country most of which had their commencement from the constitutions of one of their ancient Princes called Howel Dha as their Historians report but being reduced under the yoak of the said King Edward he divided certain parts of that Territory into Shires he caused the Welsh Lawes to be perused some whereof he did allow and approve some others he did abbrogate and disanul and in their place appointed new altogether according to the English manner of executing Justice He caused to be devised certain briefs writs or formula juris and he instituted their manner of processe pleadings and course of their judicial proceedings All which things do manifestly appear by the Act of Parliament made at Ruthlan in Wales called therefore Statutum Walliae and when they want a writ of form to serve the present case then use they the writ of Quod ei deforciat which supplieth that defect and although the Principality of Wales as hath appeared by some of the Records were devided into 3 Provinces Northwales Southwales and VVestwales for so in some of the former patents they are mentioned yet for the Jurisdiction thereof it was divided into two parts Northwales and Southwales for a great part of VVestwales was comprehended within the Shire of Pembrock which is a very ancient Shire of Wales and the territory thereof conquered by the English in the time of William Rufus long time before the general conquest of Wales by Richard Strongbow being English and the Earle thereof and called also by some Earle of Strigulia or Chepstow or rather Strigul Castle was the first that attempted the conquest of Ireland in the dayes of Hen. II. The Province of Northwales and Southwales were governed by law in this manner The Prince had and used to hold a Chancery and a Court of Exchequer in the Castle of Gaernarvon for Northwales and had a Judge or Justice which ministred Justice there to all the inhabitants of Northwales and therefore was called the Justice of Northwales The like Courts of Chancery and Exchequer he held in the Castle of Caermardhyn for Southwales where he had a Justice likewise called the Justice of Southwales 3. Ed. 3. â—9 in le novel prin 63. a 7. Hen. 35 6. and the Courts of the Justices or Judges so held within the several Provinces were called the great Sessions of those Provinces and sometimes those Justices were Itenerant and sat in every of the several Counties of his province In those great Sessions the causes of greatest moment real personal and mixt and pleas of the Crown concerning life and members were heard and determined Ministers accompts 18. H 7. In these great Courts also upon creation of every new Prince there were granted by the people of that Province unto the Prince nomine recognitionis ad primum adventum principis certain summes of money as it were in acknowledgement or relief of the new Prince which summes of money are called by them Mises these mises or summes of money were granted by the people unto the prince for his allowance of their lawes and antient customes and a general pardon of their offences sinable or punishable by the prince and that summe of those mises for the Shire of Caermardhyn only amounted unto 800. marks and for the Shire of Cardigan the total summe of the mises amounted unto 600 marks as by sundry Records doth appear these summes of money were paid at certain dayes by several portions such as were appointed and in the said Sessions agreed upon Also in every Shire of every the said provinces there were holden certain Inferiour Courts called therefore County Courts and Shire Courts and Tourns after the manner of England and which by some were also called the petty Sessions and there were also Courts inferiour in sundry Counties for ending of causes of lesse moment and importance and if any wrong Judgment were given in any of those leferiour Courts 19. H 6. 12. b. 21. H. 7. 33. a. the same was redressed by a writ of false Judgement in the Court Superiour And if any erroneous judgment were given in the great Sessions which was the supreme Court of Justice that error was either redressed by the judgment of penal Justices Itenerant or else in Parliament and not otherwise in any the Courts of Justice now at Westminster A noble policy of William Conq. good for himself but destructive to the Welsh As touching the government of the Marches of Wales it appeareth by divers ancient monuments that the Counquerour after he had conquered the English placed divers of his Norman Nobility upon the Confines and Borders towards Wales and erected the Earldom of Chester being upon the borders of Northwales to a Palatinate and gave power unto the the said persons thus placed upon those borders to make such conquest upon the Welsh as they by their strengh could accomplish holding it a very good policy thereby not only to encourage them to be more willing to serve him but also to provide for them at other mens costs And hereupon further