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A20577 The history of the ancient and moderne estate of the principality of Wales, dutchy of Cornewall, and earldome of Chester Collected out of the records of the Tower of London, and diuers ancient authours. By Sir Iohn Dodridge Knight, one of his Maiesties iudges in the Kings Bench. And by himselfe dedicated to King Iames of euer blessed memory. Doddridge, John, Sir, 1555-1628. 1630 (1630) STC 6982; ESTC S109765 59,203 160

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the said Kings hands by the dissolution of the Priory of Trewardreth in the said Countie of Cornewall And also the Mannors of Breadford Cauerdon Clymesland Pryor Treworgy Stratton Eastway Bowyton Bradrissey Bucklawrue and Bonyaluey which came to the said Kings hands by the surrender and suppression of the Priory of Lanceston All which Mannors so newly granted vnto the said Dutchie were by the said Act of Parliament so annexed thereunto as were the said Castle and honour of VVallingford and the members and parcels of the same before the making of the same Act of Parliament any Act Law vsage or custome to the contrary notwithstanding And thus much concerning the reuenues locall and called in the lawes He●editamenta corporea and of annuall value which were either originally giuen by King Edward the Third and afterward by Patent conferred or by Act of Parliament in liew of other lands granted vnto the said Dutchie which threefold distinction of the said reuenues is here made and induced to this end that it might be obserued that those Castles Lordships Mannors and Lands which were either first giuen vnto the said Dutchie and established by Act of Parliament or lastly giuen by Act of Parliament in liew of other the lands seuered from the said Dutchie might appeare so to be annexed vnto the said Dutchie by the intent and meaning of the said Acts of Parliament and so knit and conioyned thereunto as that they should not be alienated therefrom and are of more validitie in that respect then the reuenues of the second sort which were onely conferred by Letters Patents without helpe of Parliament and therefore not so firmely vnited vnto the said Dutchie as are those two former kindes mentioned Inheritances of casuall value belonging to the said Dutchie were these 1 The Duke hath granted vnto him and his heires inheritable vnto the said Dutchie yeerely to elect choose create and make the Sheriffe of Cornewall in such sort as the King himselfe doth elect the Sheriffes of other Counties 2 The Prises Customes of all Wines brought into these Ports of the said Countie of Cornewall and the profits of the Ports and Hauens there and the Customes of all Wooll Leather and Woollsels shipped to be transported out of the said Dutchie to be collected by Officers appointed by the said Duke wrecke of the Sea and the prerogatiue of all Royall Fishes taken and brought to land within the said Countie the Hundred Courts and Countie Courts and the profits thereof The prises and Customes of Wines of the Port of Sutton which is now called Plymouth and is partly with in the Countie of Deuon Also the said Duke hath free warren in all his said landsgranted Also hee hath the liberty and returning of all Writs and summons directed to the Sheriffe of the said Countie which shall not be returned but by the Officers of the said Duke for the time being Also the goods and chattels of all Felons and Fugitiues being Tenants of the said Dutchie And the benefit of all Fines imposed for any trespasse or crime fynable and all Fynes to be paid for Licences to leuye any Fyne or Concord of record And all Ame cements Issues and Forfeitures and the yeere day and wast streepe and spoile of the lands of such as are Tenants of the said Dutchy vpon murthers or Felons by them committed and whereof they shall be attainted and likewise the Escuage of all Tenants holding by Knights seruice which they are to pay being assessed in Parliament for their faile of seruice absence not being with the King when he should make any Army or voyage Royall against his enemies whereby such escuage doth come due Also there is annexed vnto the said Dutchie the Stannaries and profits of the Coynage of Tynne within the said Counties of Deuon and Cornewall For the better vnderstanding whereof it is to be obserued that in the said Counties being in many parts thereof mountanous full of wast grounds and Moores there is found great quantities of Tynne the purest best and most plentifullest in Europe by reason whereof it hath euer beene accounted one of the Staple Commodities of this Kingdome and of good estimation in forraigne regions These Mynes of Tynne in these West parts of the kingdome were not vnknowne to the Romanes as appeareth by Diodorus Siculus who liued in the time of Augustus the Emperour aboue 1600. yeeres sithence and who thus writeth thereof Britanij qui iuxta Velerium promontorium incolunt mercatorum vsum qui co Stanneri gratia nauigant humaniores reliquis ergahospites habentur Hiexterra Saxosa cuius venas s●quuti effodiunt Stannum ignem eductum in quandam Insulam ferunt Britanicum iuxta quam Ictam vocant maris fluxu videntur insulae cum vero refluit exsicato interiecto littore curribus co Stannum deferunt c. Ex hijs Insulis mercatores emptum Stannum in Galliam portant inde diebus fere triginta cum equis ad fontem Eridani fluminis perducunt That Promontorie which he calleth Velerium by the iudgement of all learned in Cosmographie is now called the Lyzard and is scituate in the West part of Cornewall The Island that he calleth Icta is the Wight and that which he saith was an Island and at the Floud and at low water passable from the mayne is a true description of Portland as it is at this day being not farre from the I le of Wight vnto which place out of Cornewall the Tynne was brought to be transported into France from whence it was carried thirty dayes iourney on horsebacke and so ouer the Alpes into Italy euen to the Fountaines of Eredanus as he saith which is the Riuer now called the Po in Piemont and Lumbardy I doe alledge his authority the rather for that he in a manner set out the laborious search for Tynne in those dayes euen as it is vsed by the Spaliard at this day with great industrie and paines Hi ex terra Saxosa venas sequunti effodiunt Stannum c. All the moores and wastes wherein the Tynne is found being of ancient time belonging to the Kings and many of the said moores at this day being parcell of this Dutchie of Cornewall The Kings of this land in former times haue cast their Princely care to establish a good and orderly mannaging of the said Commoditie and haue endowed the Tynners with sundry priuiledges for their good gouernement thereby the more to encourage them in the search of Tyn. And thereupon by ancient Charters the whole Company and body of Tynners in euery of the said Counties of Deuon and Cornewall are cast and diuided in foure seuerall Stanneryes or Iurisdictions In euery of which Stanneries there is a Court to minister iustice in all causes personall arising betweene Tynner and Tynner and betweene Tynner Forraigner and also for and concerning the right and ownership of Tynne Mynes and the disposition thereof except in causes of land life and member
herein they haue the same iurisdiction that the Iustices of the Common place doe execute in the Hall at Westminster Also they may heare and determine all assizes vpon disseisons of lands or hereditaments wherein they equall the Iurisdiction of the Iustices of affize They may heare and determine all notable violences and outrages perpetrated or done within their seuerall Precyncts and therein they haue the power authority and iurisdiction of the Iustices of Oyer and Terminer Their Chauncery Seale and Writs FOrasmuch as no suit can commence between party and party nor orderly iustice can bee done without complaint of the Pursuant and summons and monition giuen vnto 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 kinde of formulae Iuris which the common law calleth a Writ or Briefe so called as Bracton saith Breue quia rem quae est et intentionē petent is breuiter ●narrat and which Writ is alwaies conceiued in forme in the Kings name in manner of a Precept royall and sealed with the Kings great Seale Therefore in the appointing of this iurisdiction there is ordained to euery Circuit or Precynct a seuerall Seale for the sealing of such Writs and Commissions as the case shall require within that Circuit And forasmuch as all Writs are either originall such as doe begin the Sute or else Iudiciall such as command and warrant the execution therefore it is by the said Statute made in 34. h. 8. ordained that the Seale seruing for Originall Proces in the seuerall Shires of Denbigh and Montgomery should be in the custody of the Chamberlaine of Denbigh and that the Originall Seale of Chester shall be and stand for the Originall Seale of Flint and shall be in the custody of the Chamberlaine of Chester The like Seale seruing for the seuerall Shires of Carnaruon Merioneth and Anglesey to be in the custody of the Chamberlaine of North-Wales The like Seale concerning the seuerall Shires of Radnor Brecknock and Glamorgan is committed to the custody of the Steward of Brecknock And finally the like Seale seruing the seuerall Shires of Carmarden Pembrooke and Cardigan is in the vsage of the Chamberlaine of South-Wales These Chamberlaines are as Chancellors in this behalfe and haue the sealing of all Originall Writs and Commissions within their seuerall Precyncts and these Chamberlaines may also award out seuerall Writs to all vnder-Receiuers of the reuenues and ministers to make their accounts The Seale for the sealing of Iudiciall Writs is appointed by the said Statute of 34. h. 8. to be and remaine by the Iustices of euery of the said Circuits for the more expedite execution of their iudgements Their Sessions and manner of Sittings EVery of these Iustices in their seuerall Circuits shall be Itinerant twice euery yeere and sit in euery of the Shires within their authority by the space of sixe dayes together at a place certaine by them to be appointed and vpon proclamation of summons to be made fifteen daies before the said sittings where all persons requiring Iustice may purchase their Writs and proceed in their suits And where adiournements of the Causes there depending shall be de die in diem and if the Cause can haue no end during the sitting then from Sessions to Sessions as the nature of the businesse shall require and according to the discretion of the said Iustices and these sittings are called the great Session And if there shall be such multitude of pleas personall as that they cannot be tried at the same great Sessions then the issues there in tryall shall and may be tried at some other Sessions before the Deputy Iustice which is therefore called the petty Sessions And if any erronious Iudgement be giuen by the said Iustices in any reall action the same shall be reuersed by Writ of error before the Iustices of the Kings Bench. And if the said erronious iudgement shall be in any action personall the same shall be reuersed by Bill before the Lord President of the Marches and Councell there Officers Ministers Clarkes and Writers for the expediting of the said great Sessions FIrst there are the Chamberlaines of euery of the said Circuits as hath beene said who are properly and originally the Treasurers of the reuenue within their charge and by the said Statutes are also keepers of the Seales as aforesaid wherein they doe vndertake in part the office of a Chauncellor And in euery of the said Circuits there is the Atturney or Regius aduocatus and Sollicitor There is a Prothonotary or chiefe Register who draweth all the pleadings entreth and ingrosseth the Records and Iudgements in ciuill causes and ingrossing Fynes And there is also a Clarke of the Crowne which draweth and ingrosseth all Inditements and Proceedings Arraignements and Iudgements in Criminall causes And these two Officers are at your Maiesties appointment There is a Marshall to attend the persons of the Iudges at their common sitting and going from the Sessions or Court There is a Cryer tanquam publicus preco to call forth such persons whose apparances are necessary and to impose silence to the people And these two Officers last remembred are disposed by the Iustices And thus much touching the Iustices of the great Sessions There are also other ordinary officers appointed for euery shire in Wales by the said Statute of 34. h. 8. such and in like manner as in other the Shires of England There is a Commission vnder the great Scale of England to certaine Gentlemen giuing them power to preserue the peace and to resist and punish all turbulent persons whose misdemeanour may tend to the disquiet of the people and these are called the Iustices of Peace and euery of them may well be termed Eirenarcha The chiefe of them is called Custos Rotulorum in whose custody all the Records of their proceedings are resident Others there are of that number called Iustices of the Peace and quorum because in their Commissions whereby they haue power to sit and determine Causes concerning breach of peace and misbehauiour the words of their Commission are conceined this 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 auoyding of a superfluous number of such Iustices for through the ambition of many it is counted a credit to be burthened with that authority The Statute of 34. h. 8. hath expresly prohibited that there shall be but eight Iustices of peace within euery of the Counties and Shires of Wales which if the number were not indefinite for the Shires of England it were the better These Iustices doe hold their Sessions quarterly And it is further ordained by the said Statute of 34. h. 8. that two Iustices of peace where of one to be of the quorum may hold their Sessions without