Councell established in the Marches of VVales it is conceiued by the best and most probable opinions amongst Antiquaries that the same began in or about the seauenteenth yeere of king Edward the Fourth when as Prince Edward his sonne was sent vnto the Marches of VVales vnder the tuition of the Lord Riâ—ers his Vncle by the Mothers side as aâ—ore hath appeared and at what time also â—ohn Bishop of VVorcester was appointed Lord President of VVales Prince Arthure the sonne of King Henry the Seauenth in the seauenteenth yeere of the raigne of the said King went into VVales at what time Doctor VVilliam Smith was then President of the Councell of the Marches of VVales who was after Bishop of Lincolne and founder of the Colledge of Brâ—sen nose in the Vniuersity of Oxford This man was also President in the time of king Henry the eight vntill the fourth yeere of the raigne of the same king at what time â—effry Blyth Bishop of Couentry and Lichfield succeeded in the office of President of the said Councell The Lady Mary eldest Daughter of king Henry the Eight and afterwards Queene did carry the title of Princes of VVales for a while although the parent of her creation bee not now to be found vnder whom â—ohn Voysey Doctor of the lawes and afterwards Bishop of Exceter was President of that Councell There succeeded him in the office of President of the Councell of the Marches of Wales Rowland Lee Bishop of Couentry and Lichfield And this was the state and gouernement of the Principality and Marches of Wales in the seauen and twentieth yeere of king Henry the Eight The said king by a Statute made in the seauen and twentieth yeere of his raigne vnited and annexed the Principality and Dominion of Wales vnto the Realme of England altering in many parts the former iurisdiction and gouernement thereof bringing the same to the like administration of Iustice as was and yet is vsuall in England appointing that the lawes of England should take place there and that all Welsh Lawes sinister Customes and Tenures not agreeable to the Lawes of England should be thenceforth for euer abrogated and abolished Of which vnion and annexation first for that there of hath ensued great peace tranquility ciuility and infinite good to the Inhabitants of that Country of Wales Secondly because in some respect it may serue as a proiect and president of some other vnion and annexation by your Maiesty of as much or of more consequence and importance And thirdly because the same vnion doth containe an expresse image of the politique gouernement of the Realme of England I haue presumed with conuenient breuity vpon this good occasion here in this place to expresse the same Therefore whereas in former time there had beene in Wales anciently eight seuerall Shires or Counties besides the County of Munmouth which was the ninth and that some other Territories in Wales were then no shire grounds by reason where of the lawes of England could haue no currant passage therein For all the ordinary Ministers and executioners of the processe of the Lawes of England or which haue Vicountiell iurisdiction are the Officers of particular Shires as the Sheriffes the Coroners the Escheators and such like Therefore by the said Act of Parliament there are erected in Wales foure other new ordayned Shires of the Lands not formerly so diuided namely the seuerall Shires of Radnor Brecknock Montgomery and Denbyh and those also together with the former ancient shires are by that Act of Parliament and by the Statute of 38. h. 8. subdiuided into Cantreds and all the Marche grounds being then neither any part of Wales although formerly conquered out of Wales neither any part of the Shires of England The said king by his said Act of Parliament did annexe and vnite partly vnto the said Shires of England and partly vnto the Shires of VVales next adioyning as was thought then by reason of vicinity of place and other correspondency most conuenient as by the said Acts of Parliament appeareth which the said king was the rather occasioned to doe for most of the said Baronies Marchers were then in his owne hands And for that also diuers murthers rapes robberies and enormities had beene there committed and by reason of the flight of the offenders from one Barony as is vsuall vpon the borders they had escaped due and condigne punishment for their such enormities and odious offences He ordained also that the Countie of Mounmouth formerly being a Shire of Wales should be gouerned from thenceforth in like manner and by the same Iudges as other the Shires of England And for the other twelue Shires he ordained a speciall Iurisdiction and Officers but yet in substance agreable and after the manner of the English Lawes although for the circumstance of time and place and persons in some few things discordant He ordained that out of euery of the said Shires of Wales there should be one Knight and out of euery of the shire Townes of Wales named in the said Act of Parliament there should be one Burgesse elected after the English manner which Knights and Burgesses so selected and duly vpon summons of euery Parliament in England returned should haue place and voice in the Parliament of England as other the Knights and Burgesses of England vsed to haue And for the administration of iustice in the said twelue Shires of Wales there was by the Act of Parliament of 34. H. 8. ordained soure seuerall Circuits Precyncts or Conuentus Iuridicus allotting to euery of them three of those Shires so that the chiefe Iustice of Chester hath vnder his iurisdiction the three seuerall Shires of Denbigh Flint and Montgomery his fee is yeerely 100. l. The Shires of Carnarnon Merioneth and Anglesey are vnder the Iustice of North-Wales whose fee is 50. l. The Counties of Carmardin Pembrooke and Cardigan haue also their Iustice whose yeerely fee is 50. l. The Counties of Radnor Brecknocke and Glamorgan haue also their Iustice whose fee is yeerely 50. l. After by an Act of Parliament made 18. Eliz. cap. 8. one other Iustice assistant was ordained to the former Iustices so that now euery of the said foure Circuits haue two Iustices viz. one chiefe Iustice and a second Iustice assistant Their Jurisdiction THese Iustices in euery of their Circuits haue almost the same iurisdiction that the ancient Iustices in Eyre or Iustices Itinerant had First they had power to heare and determine all criminall causes which are called in the lawes of England The pleas of the Crowne and herein they haue the same absolute iurisdiction that the Iustices haue of your Maiesties Bench commonly called the Kings Bench. They haue also iurisdiction to heare and determine all ciuill Causes which are called in the Lawes of England Common pleas and to take the acknowledgement of all Fines leuied of lands or hereditaments without suing any dedimus potestatem and
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 Authors By Sir IOHN DODRIDGE Knight late one of his Maiesties ludges in the Kings Bench. And by himselfe Dedicated to King IAMES of euer blessed memory LONDON ¶ Printed by Tho. Harper for Godfrey Emâ—ndson and Thomas Alchorne M. DC XXX TO THE HIGH AND MIGHTY JAMES BY THE GRACE OF GOD King of England Scotland France and Ireland defender of the faith c. My most dread Soueraigne and Liegelord AMong temporall blessings giuen from God and powred vpon men this is not the least for a man to behold the fruit of his owne body surculum exradice an impe or graffe the Oliue branches about his table the hope of his posterity the image of himselfe and the staffe of his old age The consideration of the want whereof caused that good Patriake out of the bitternesse of his soule to cry and make his complaint vnto his God in these words Behold I goe childlesse and the Steward of my house is Eleazer of Damascus loe to me thou hast giuen no seed wherefore a servant of mine house must bee mine heire But to be furnished with masculine issue and to haue his first borne of that sex to whom the Birthright is due as to the sanctfiied of God and the preseruer of his name and patrimony is a double blessing vnto all men much more vnto Kings the Lords anointed whereby his horne is established his subiects in the middest of the day present do behold the Sunne that shall arise vpon them the day suceeding and haue their hearts setled to say vnto their Soueraine wee and our seed will serue thee and thy seed for euer This made the Propheticall King in the day of his departure to blesse God and say Blessed be the Lord my God who hath caused mine eyes to see this day that one of mine own loynes shall fit vpon my Throne But contrariwise was Achah accursed of whom God said he would not leaue him one mingentem ad parietem threatning as it were by that circumlocution to root out all issue male of Achab that might succeed him And hence it is that all Potentates of the world haue highly respected and aduanced in the eyes of their subiects their heire apparant and giuen and conferred vpon him very high and eminent titles of honor Of the Romans he was called Caesar and Princeps juventutis as the principall of all their hopes in their posterity Of the French he is honored by the name of the Dolphin of that part of the Country being his patrimony And in like manner in this our Country of England the Prince of Wales Duke of Cornwall and Earle of Chester He is next his father the chiefe in the Realme and by course of the ciuill Law is to sit at his right hand in all solemne assemblies of state and honor So that not without reason did King Edward the third King of England place Richard his grandchild and next heire apparant in his solemne feast at Christmas at his table next vnto himselfe aboue all his Vncles being the sonnes of that King and men manifoldly renowned for their prowes and virtue And yet hath not the Prince any Kingly prerogatiues allowed vnto him by the Lawes of this Realme in the life of his progenitors other then such as are due vnto other Noble men that hee might acknowledge himselfe to bee but a subiect and whereof he is put in remembrance euen by the Poesy that he vseth in the old English or Saxon tongues in this forme conceiued Ie dien I am a seruant The due consideration whereof hath caused me by the encouragement of an honorable learned and worthy Councellor my Lord of Buckhurst your Maiesties Lord high Treasurer of England and my very good Lord and being eased therein by the carefull paines and industry of a Gentleman Mr. Richard Connock his seruant in some conuenient method after my rude and vnlearned manner to set downe what the ancient and true estate of his excellency the Lord Prince hath beene what it now is and how impaired and to what estate and dignity by your Maiesties high and Princely wisdome it may againe be reduced Beseeching your highnesse of your accustomed clemency to pardon this my bold attempt and to accept my poore trauels therein with that gratious aspect as you do the manifold gratulations of other your Maiesties louing subiects Your Maiesties loyall and obedient subiect I. D. ABSTRACTS AND ADVERTISEMENTS concerning the Contents of this HISTORIE THe originall and antient estate of Wales before and vntill the Conquest thereof by King Edward the First in the eleuenth yeere of his Raigne Edward of Carnaruon so called because he was born at Carnaruon Castle in VVales and sonne to King Edward the First constituted Prince of VVales and the policy vsed therein by King Edward the First The creation of Edward sirnamed the blacke Prince to be Prince of VVales and the antient manner of the inuesture of the Princes of VVales The strange limitation of the estate of the Lands of the said Principality and the reasons thereof and the difference betweene the Principality of VVales and the Dutchy of Cornewall for the eldest sonne and heire apparant of the King of England is Duke of Cornewall as soone as be is borne or as soone as his father is King of England But he is created Prince of VVales by a speciall creation inuesture and donation of the lands thereunto belonging and not by birth The yeerely value of the reuenues of the Principality of VVales as the same were in the bands of the Prince commonly called the blacke Prince Richard sirnamed of Burdeaux sonne of the said blacke Prince was after the death of his father created Prince of VVales at Hauering at the Bower in the Countie of Essex by E 3. his Grandfather Henry of Munmouth sonne to King Henry the Fourth created Prince of VVales he was afterwards King by the name of King Henry the Fift Edward the sonne of King Henry the Sixt created Prince of VVales and Earle of Chester and for that hee was then very yong there was ordained by an Act of Parliament what allowance should bee made vnto the said Prince for his Wardrobe seruants wages and other necessary expences vntill the said Prince should be of fourteene yeers of age There was also a Counsaile of diuers honourable personages as Bishops Earles and others for the gouernement and direction of the reuenues of the said Prince which dispose the same accordingly with the assent and aduice of the Queene who was also especially appointed in that behalfe Edward the sonne and heire apparant of King Edward the Fourth created Prince of VVales and a Councell of honourable personages allowed to him also for the gouernement of his reuenues and the Lord Riuers Vncle by the mothers side of the
Prince was appointed Gouernour of the Person of the said Prince The creation of Arthure sonne and heire apparant to King Henry the Seuenth to bee Prince of VVales the Copie of the Charter of that creation obserued for the forme and manner of penning thereof and the names of the Councellors that were assigned vnto him After the death of Prince Arthure Henry his brother who was afterwards King Henry the Eight was created Prince of Wales after whose time there are no Charters found of the creation of any Prince of Wales although King Edward the Sixt in the life of his Father and Queene Mary carried the name of Prince generall and the reason why this discourse hitherunto is drawne after an historicall manner After the said historicall discourse Three things are further considered of viz. First in what manner and order the said Principalitie and Marches of Wales were gouerned and directed vnder the Princes of Wales as well before as after the English Conquests thereof wherein by the way are noted the Courts of Iustice of the said principality of Wales the originall of the Baronyes Marchers and when the first Councell was established in the Marches of Wales vnto England and in what manner the same was done and the commodities ensuing thereof which vnion or annexation may serue in some respect as a president in other cases of like consequence The second principall thing proposed is the consideration of the antient and moderne Officers of the said principality seruing the Lord Prince and none others and what fees and sallaries were allowed vnto them The third principall matter is the present reuenues of the principality of Wales as the same was in charge before the Auditors this last yeere past viz. the fortie foure yeere of the late Queene Elizabeth The Dukedome of Cornewall The Dukedome of Cornewall was the first erected Dutchie in England after the Norman conquest and made to be a Dutchie in the eleuenth yeere of King Edward the Third and giuen to his eldest sonne commonly called the blacke Prince who was the first Duke in Cornewall after the Conquest to him and to his first begotten sonnes and heires apparant of the Kings of England and the difference that is betweene the Principalitie of Wales and the said Dutchie At what age of the Duke of Cornewall Liuery may bee made vnto him of the said Dutchy Moreouer touching the said Dutchie of Cornewall three things are considered First what reuenues were bestowed vpon the said Dutchy for the erection thereof both annuall and casuall and the particulars thereof the seuerall natures and differences of them in the construction of the Law together with the Stanneryes and coynage of Tynne and the lawes vsages and customes of the said Stanueryes concerning the managing of Tynne The diuers kindes of Tynners and Tynne and the coynage of Tynne is and for what cause due and payable and the priuiledges that the King and Duke of Cornewall haue in their preemption of Tynne The reuenues of the Dutchie of Cornewall as it is rated by suruey taken in the fifth yeere of King Edward the Third The reuenues of the said Dutchie of Cornewall as it was in the fifteenth yeere of King Henry the Eight The reuenues of the said Dutchie as it was in account vnto the late Queene Elizabeth in the 44. yeere of her raigne which is the last account and the cleere yeerely value thereof as it may be drawne to an estimation annuall appeareth The Countie Palatine of Chester and Flint The third principall reuenue belonging to the Prince as Earle of Chester which Earledome is a Countie Palatine Edward sirnamed the blacke Prince created Earle of Chester by King Edward the Third his Father in the seauenth yeere of the said King Edward the Thirds raigne The totall reuenue of the said Countie Palatine of Chester and Flint as it was in the 44. yeere of the late Queene Elizabeth The antient reuenues of the said Earledome of Chester and Flint as the same were in the fifth yeere of King Edward the Third The reasons why in this History diuers an tiquities not vulgarly knowne are discouered concerning the Principality of VVales Dutchy of Cornewall and Earledome of Chester Inconueniens erit omissis initijs atque origine non repetita atqueillotis vt ita dixerim manibus protinus materiam tractare Ex lege prima DigestoruÌ„ Iuris Ciuilis titulo de origine Iuris THE ANCIENT REVENEWES OF the Lord PRINCE consist of these three kindes The Principality of Wales Dutchie of Cornewall And Earldome of Chester And therefore of euery of these in order as followeth The Principality of Wales THat part of this Island which is called Wales is thought by some learned to be the same which the Romanes hauing reduced this Island vnder their gouernment called Britannia Secunda of some others it is supposed to bee the same that was called by the Romanes Valentia but howsoeuer the truth thereof be it was anciently called by the Brittaines Cambria who diuided the whole Island of Albion into these three parts Loegria Albania and Cambria The Saxons conquering this Island called the said Territorie into the mountaines whereof the remnant of the Britaines that remayned were fled and not to be ouercome by them Wallia and the people Welshmen that is to say vnto them strangers And the other part those Britaines or Welshmen doe yet in their language call the English Saissons or Saxons It was also anciently diuided into three Prouinces or Principalities the first and principall called by them Guyneth or as they haue written in Latine Venedotia viz that which is called North-Wales The second they haue called in Latine Demetia and is that we call South-Wales And the third Powisia or Powisland and euery of these Prouinces were againe subdiuided into Cantreds and euery Cantred into Comots The Records do diuide the same into three parts also Westwales Northwales Southwales The whole Countrey is now allotted into Shires which are thirteen in number and namely these 1 Radnor shire 2 Brecknock shire 3 Munmouth shire 4 Glamorganshire 5 Carmarthenshire 6 Pembrookeshire 7 Cardiganshire 8 Montgomeryshire 9 Merionethshire 10 Caâ—rnaruoushire 11 Denbighshire 12 Flintshire 13 Anglesyshire This Parcell of the said Island called Wales thus possessed by the remnant of those Britaines was no parcell of the dominion of the Realme of England but distinguished from the same as the bookes of the Lawes of this Realme doe testifie and as it were a Realme of it selfe not gouerned by the Lawes of England and was by some of the Saxon Kings diuided from England by a ditch called of the name of the King which caused the same King Offa his Ditch Yet neuertheless was the same Dominion of Wales euer holden in Chiefe and in Fee of the Crowne of England And the Prince thereof being then of their owne Nation compellable vpon Summons to come and appeare in the Parliaments of England and vpon their
rebellions and disorders the kings of England deuised their Scutagium or Escuage as it is called in the Lawes of England that is to leuy ayd assistance of their tenants in England which held of them Per Seruitium militare to suppresse such disordred Welsh tanquaÌ„ Rebelles and Non hostes as Rebells and not as forraine Enemies And hence it is that King Henry the third vpon those often reuolts of the Welsh indeuored to resume the Territory of Wales as forfeit vnto him selfe and conferred the same vpon Edward the Longshanckes his heire apparant yet neuerthelesse rather in title then in possession or vpon any profit obteyned thereby For the former prince of Wales continued his gouernment notwithstanding this betweene whome and the said Edward warres were continued Whereof when the said Edward complained to King Henry the third his father the said King made this answer as recordeth Matthew Paris a Cosmographer liuing in that time Quid ad me terra tua est ex dono meo Exerevires primitiuas famam excita iuuenilem et de caetero timeant inimici c. But the Charter of this gift is not now readilie to be found among the Records For after this time it appeareth by the Records of the Tower of London that by the mediation of Othâ—bon Deacon Cardinal of S Andrews a peace was concluded between the then Prince of the Welsh blood and the said Henry the 3. which neuerthelesse as it seemeth continued not long for sundry battells were fought betweene the said Edward both before and after he was King of England Lewlyn the last Prince of the Welsh blood and Dauid his brother vntill both the said Prince his said brother were ouercome by the said Edward after he was King of England and who thereby made a finall and full conquest of Wales annexing the same vnto the Crowne of England diuiding some parts thereof into Shires and appointing Lawes for the gouernment of that people Although the Welsh nation doe not willingly acknowledge such conquest but referres it rather to composition The words of the Statute made in Wales at Ruthlan presently vpon the conquest are these Diuina Prouidentia quae in sui dispositione non fallitur inter alia dispensationis munera quibus nos regnum nostrum Angliae decorari dignata est Terram Waliae cum incolis suis prius nobis iure fendali subiectam jam sui gratia in proprietatis nostrae dominium obstaculis quibuscunque non obstantibus totaliter et cum integritate conuertit et corona Regni pradicti tanquam partem corporis eiusdem annexit et vniuit This Territory of Wales thus being vnited the said King Edward vsed meanes to obtaine the peoples good will to strengthen that which he had gotten by effusion of blood with the beneuolence of his Subiects of Wales who promised their harty and most humble obedience if it would please the King either to remaine among them him selfe in person or else to appoint vnder him a gouernour ouer them that was of their owne nation cuntrey The King thereupon purposing a pretty policie sendeth for the Queene then being greate with Child to come vnto him into Wales who being deliuered of a sonne in the Castle of Carnaruon in Wales called by reason thereof Edward of Carnarnon the King thereupon sent for all the Barons of Wales tooke their assurance and submission according to their offers formerly made if they should haue a gouernour of their owne nation affirming vnto them that he was then ready to name vnto them a Gouernour borne in their Countrey and who could not speake any word of English whose life and conuersation no man was able to staine and required their promise of obedience whereunto they yeelding the King thereupon named vnto them his said sonne borne at Carnaruon Castle a few dayes before vnto whom the Barons of Wales afterwards made their homage as appeareth Anno 29 E 1. at Chester The said Edward of Carnaruon after the death of his father was King of England by the name of King Edward the second liuing in a turbulent time betweene him and his Barons was afterwards deposed for his ill gouernment and came to a violent death in the Castle of Barkeley and Edward his sonne by the name of King Edward the third reigned in his steade Neuerthelesse this Edward the third being called Edward of Windsor in the life of his father was created Prince of Wales and Duke of Aquitane in a Parliamant holden at Yorke Edward the third in a Parliament holden at Westminster in the fifteenth yeare of his reigne created Edward his eldest sonne surnamed the blacke Prince Prince of Wales being then of tender yeeres and inuested him in the said Principalitie with these ensignes of honour and as in the Charter is conteined Per sertum in capite et annulum in digitâ— aureuÌ„ ac virgam argenteam iuxta moreÌ„ By a Chaplet of Gould made in the manner of a Garland for the word SertuÌ„ importeth by a gould ring set on his finger and by verdge Rod or Scepter of Siluer how be it in the inuesture of the succeeding Princes this Rod or Scepter as appeareth by the Charters of their seuerall creations was changed into a verge of gould The said King for the better maintainance of the said Prince his sonne in honorable support according to such his state and dignity gaue vnto him by his Charter dated the twelfth of May in the seuenth yeere of his reigne of England and in the fourth yeere of his reigne of France and inrolled in the Exchequer in the Terme of S. Hillary in the eighteenth yeere of the said King Edward the third The said Principality and the Mannors Lordships Castles and Lands ensuing to appertaine to the said Principalitie viz. All his Lordships and Lands in Northwales Westwales and Southwales 1 The Lordship Castle towne and County of Carnaruon 2 The Lordship Castle and towne of Conway 3 The Lordship Castle and towne of Crucketh 4 The Lordship Castle and towne of Bewmarish 5 The Lordship Castle and towne of Hardlagh 6 The Lordship Castle and townes and Countys of Anglesey and Merioneth 7 The Lordship Castle towne and County of Caermardin 8 The Lordship Castle and towne of Lampaderuaur 9 The Lordship and Stewardship of Cantermawer 10 The Lordship Castle towne and County of Cardigan 11 The Lordship Castle and Towne of Emelyn 12 The Lordship Castle and Towne of Buelt 13 The Lordship Castle and Towne of Hauerford 14 The Lordship Castle and Towne of Montgomery And all the Lands that were of Rice ap Meridick which came to the hands of King Edward the first together with all the Lordships Cities Castles Borrowes Townes Manours Members Hamlets Lands Tenements Knights fees Voydances of Bishopricks Aduowsons of Churches and of Abbeys Priories and of Hospitals with Customes and Prisages of wines The exercise and execution of
lesse yeerly and not of one certaine value the Commissioners obserued this course they did make choice of three seuerall yeeres viz. 47. and 48. and 49 of E. 3. and did take out of the seuerall profits of those yeeres and did cast them all into one summe which they againe diuided into three equall parts esteeming only of the said three parts to be the iust yeerly value of the said reuenewes communibus anâ—iâ— that is one yeere with another And in this accompt we finde no other charges or reprizes allowed then the Iustices fees only This survey and accompt made aboue 200. yeeres past is here inserted to the end it might appeare what the reuenew of this Principallity alone was besides the Dutchy of Cornwall and Earledome of Chester neere the first certaine erection thereof in the hands of that worthy Prince commonly called the Black Prince The said Prince of Wales surnamed the Black Prince being also Duke of Aquitane Guies and Cornwall and Earle of Chester after many fortunate victories atchieued by him hauing subdued a great part of France and hauing taken Iohn the French King prisoner at Poyteers in France and after that also hauing vanquished Henry at Naue-roit in Spaine and restored Peter King of Arragon he died in Iune being then about the age of forty six yeeres and in the fiftieth yeere of the reigne of his father King Edward the Third leauing behinde him Richard his sonne and heire borne at Burdeaux and thereof surnamed Richard of Burdeaux This Richard surnamed of Burdeaux sonne and heire of the said Edward the Black Prince after the death of his father was created by his grandfather King Edward the Third to bee Prince of Wales at Havoring at the Bower in the County of Essex the twentieth day of Nouember in the fiftieth yeere of the reigne of the said King Edward the third the said Richard then being about the age of eleuen yeeres and vpon Christmas day then next following the said King Edward the third caused the said Prince being his Nephew to sit at his table in high estate aboue all his vncles being the Kings sonnes as representing the personage of the heire apparant to the Crowne and gaue to him the two parts of all the said Principalitie Counties Lordships Castles and the most of the said Lands which belonging to the said Blacke Prince and the reuersion of the third part thereof the possession of the third part thereof then being to the mother of the said Prince Richard for her dowry with a hundred thirteene pound sixe shillings eight pence yeerely rent payable by the Earle of March as a fee farme for the Lordship and Lands of Beult and eighty fiue markes for the fee Farme of the Castle Lordship and Land of Montgomery with the vacations of Bishoprickes excepting the fees of the Baron Marches of VVales which doe alwaies hold of the Crowne in Capite and excepting the auoydance of the Bishopricke of S. Dauids in VVales which anciently also belonged to the Crowne with the like limitation of estate viz. To the said Prince Richard his heires Kings of England It seemeth that these Lordships of Beult and Montgomery being formerly granted to Edward the blacke Prince were before this time giuen away in fee farme rendring the rents here spoken of After the death of the said King Edward the Third which was in the 51. yeere of his raigne the kingdome of England descended vnto the said Richard being his grandchilde and he was Crowned King thereof by the name of King Richard the Second and in the three and twentieth yeere of his raigne he resigned his kingdome or rather more truely was deposed against his will and after by a violent death departed this life without issue Henry of Bullinbrooke Duke of Lancaster and Hereford Earle of Darby Leicester and Lincolne sonne and heire to Iohn of Gaunt fourth sonne to King Edward the Third raigning in his stead Henry of Bullingbrooke by the name of King Henry the Fourth by his Charter dated at Westminster the fifteenth day of October in the first yeere of his raigne created Henry his eldest sonne surnamed of Munmouth Prince of Wales and inuested him with the said Princely ornaments viz. the Chaplet Gold-Ring and Rod or Verge of gold To haue and to hold vnto him and his heires Kings of England And by one other Charter of the same date gaue vnto him and to his heires Kings of England the said Principalitie with the Lordships Castles and Lands before mentioned in the Chartermade to the Blacke Prince together with foure Comots in the Countie of Carnaruon viz. the Comots of Isaph Vghaph Nanconeway and Grewthyn not named before and the reuersion of the Lordship of Hauerford with the prices of Wines there and of the Lordships Newyn and Pughby in North-wales which Thomas Percy Earle of Worcester then held for tearme of his life of the demise of King Richard the Second together also with the reuersion of the County and Lordship of Anglesey in North-Wales and the Castle of Bewmarris and the Comots Lands Tenements and Hereditaments belonging thereunto which Henry Percy sonne of the Earle of Northumberland then held for terme of his life of the demise of the said King Henry the Fourth and by an Act of Parliament made in the first yeere of King Henry the Fourth whereby the Dutchie of Lancaster is seuered from the Crowne of England The Stile of the said Prince is declared to be this Prince of Wales Duke of Aquitane of Lancaster and of Cornwall and Earle of Chester For the said King Henry the Fourth hauing beene himselfe Duke of Lancaster before his assumption of the Crowne and knowing that the name of Duke being an inferiour dignity would extinguish and bee surrounded in the Crowne as in the Superiour desired as by that Act of Parliament appeareth not onely to separate the said Dutchie of Lancaster and the lands thereof from the Crowne to the intent he might still hold the said Dutchie as his ancient Patrimony if he were put from the Crowne being but his new acquired dignity but also to preserue the said stile title and name of Duke of Lancaster in his posterity which as the said act affirmeth his Ancestors had so worthily borne and sustained Afterwards the said Henry the Fourth died in the fourteenth yeere of his raigne and the said Henry of Munmouth Prince of Wales succeeded him in the kingdome by the name of King Henry the Fift who also in the tenth yeere of his raigne died leauing Henry his sonne behinde him being an Infant of the age of tenne moneths who by reason of his tender age was not as by any record extant can be proued euer created Prince but was proclaimed King immediately after the death of his father by the name of King Henry the Sixt. King Henry the Sixt by the aduice and counsell of his Lords spirituall and temporall giuen to him in his Parliament holden in the thirtie one
yeere of his raigne did after wards by his Charter bearing date at Westminster the fifteenth day of March in the thirty two yeere of his raigne created Edward his sonne borne at Westminster by one and the selfesame patent to be both Prince of Wales and Earle of Chester and inuested him therin with the vsuall ensignes of that dignitie as had beene in former time accustomed To haue and to hold the said dignities to him and his heires Kings of England which Charter is recited in the Act of Parliament made for the confirmation thereof by Parliament holden at Westminster the ninth day of Iuly in the three and thirtieth yeere of the raigne of the same King In which act of Parliament is also recited another Charter likewise confirmed by the said Parliament whereby the said King did giue vnto the said Prince the said Principalitie of VVales together with all his Lordships and Lands Castles and Tenements by speciall names aboue mentioned and in the former Charters granted and conuaied to the former Princes and the said fee Farmes and Rents of 113. l. 6. s. 8. d. out of the Lordship and towne of Buelt and the said 56. l. 13. s. 4. d. out of the Lordship Castle and Towne of Montgomery likewise mentioned in the Charters of the former Prince To haue and to hold the same to him and his heires Kings of England By the same act of Parliament also it was enacted because the said Prince was then of tender yeeres there was assigned vnto him a certaine number of seruants to attend on him according to his estate and dignity which should beat dyet in the Kings house vntill the said Prince should accomplish the age of fourteene yeeres and that the King should haue all such summes of money as should cleerely remaine vnto the Prince due of all manner issues and reuenues which the Prince then had in respect of his said Principalitie Dutchie and Earledome vntill the said age of fourteene yeeres the said Reuenues to be accounted for to the King in his Exchequer reseruing vnto the said Prince vntill he should come to be of the age of eight yeeres a thousand pound yeerely and from that age till he come to fourteene yeeres two thousand markes yeerely for his wardrobes wages of seruants and other necessarie expences But sauing alwaies vnto the King the Aduousons of Bishoprickes and spirituall liuings and the gifts of all offices wards releefes and escheats belonging to the said Prince vntill he should accomplish the said age of fourteen yeeres sauing such estate in certaine of the said lands as the Queene had to her before the said time assured vnto the said Prince should be of the said age of fourteene yeeres and sauing certaine particular summes of money in the said Act of Parliament mentioned as were formerly appointed out of the said Lands as well for expence of the Kings of England for their houshold as otherwise during such particular times as are therein declared prouided that all offices formerly granted by the King and needing actuall exercise and the fees due to the same should not be preiudiced by the said Act. Afterwards by another Charter the said King doth release vnto the said Prince all the said grant of the said yeerely summes of money issuing out of the reuenues aforesaid and all things by the said Act granted and appointed vnto the said King reseruing onely for the same vnto the said King yeerely fiue hundred twenty seauen markes foure shillings seauen pence halfepenny to be issuing out of the said Principality and Earledome and feauen hundred sixty seauen markes eleuen shillings seauen pence halfepenny yeerely out of the said Dutchy vntill the said Prince should be of eight yeeres of age then reseruing out of the said Principality and Earledome yeerely vnto the King two hundred seuenty seuen markes foure shillings seuen pence halfe penny and out of the said Dutchy yeerely fiue hundred and seuenteene markes eleuen shillings seauen pence halfe penny vntill the said age of fourteene yeeres of the Prince for the said Dutchy and to be imployed towards the charges of the Kings houshold and not otherwise And the said King by his Letters Patents dated the eighteenth of Ianuary in the fiue and thirtieth yeare of his raigne during the minority of the said Prince ordained the then Archbishop of Yorke the then Bishop of VVinchester Hereford Couentry and Lichfield and the Lord Keeper of the priuie Seale the Earles of Shrewesbury Stafford and VViltes the then Viscount Beamont and also Iohn Sutton and Thomas Stanley Knights to be of the priuie Councell vnto the said Prince enioyning all Officers and Ministers of the said Prince that they and euery of them should be obedient in the execution of all Commandements and Warrants of the said Councellors or at the least soure of them together with the assent and consent of the Queene in all causes and matters concerning the titles rights possessions and interests of the said Prince and that the said Commandements and Warrants should be as auaileable in that behalfe as if the same had beene made or done by the said Prince himselfe being of full age which Commandement in all Leases of the said Princes inheritance was pursued accordingly In the nine and thirtieth yeere of the said King Henry the Sixts raigne he being of the house of Lancaster such is the mutability and so vnstable are all humane things that the said King being a man as the times then were deuout and religious the founder of Schooles and Colledges vertuous and a louer of peace was by the violence of the heires of the house of Yorke put from his kingdome and committed to prison and Edward Earle of March sonne and heire to Richard Duke of Yorke raigned in his stead by the name of King Edward the Fourth But yet behold the hand of God for in the tenth yeere of the said King Edward the Fourth vpon discontentment conceiued against him by Richard Earle of VVarwicke a man more popular and potent then was fit for a Subiect the said Richard with a collected power so pressed the King that he was driuen to flye the Realme and to seeke forraigne aide seeing his homebred subiects proued so vnfaithfull Then King Henry the Sixt after tenne yeeres imprisonment readepted the kingdome and in the said tenth yeere of King Edward the Fourth wrote the fortie ninth yeere of his raigne hauing indured tenne yeeres intermission in the computation of his time as appeareth in the bookes of Law of that age But being thus seated he was yet vnsetled and after much effusion of bloud for in a ciuill warre there is no true victory in as much as he that preuaileth is also a looser King Henry the Sixt was compelled againe to giue place to his aduersary and after to make that part sure was depriued of life hauing lost also Edward his sonne Prince before spoken of the hope of all his posterity in the battell of Tewkesbury
to serue the present case then vse 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 aboue mentioned were diuided into three Prouinces Northwales Southwales and Westwales for so in some of the former patents they are mentioned yet for the Iurisdiction thereof it was diuided into two parts Northwales and Southwales for a great part of Westwales was comprehended within the Shire of Pembrooke 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 generall conquest of Wales by Richard Strangbow being English and the Earle thereof and called also by some Earle of Strigulia or Chepstow was the first that attempted the conquest of Ireland in the dayes of Henry the second which was aboue an hundred yeeres before the conquest of Wales by King Edward the first This Earledome of Pembrooke had in ancient time palatine Iurisdiction and therefore in some records is called regalis comitatus Pembrochiae The Prouinces of Northwales and Southwales were gouerned for Law in this manner The Prince had and vsed to hold a Chancery and a Court of Exchequer in the Castle of Carnarvon for Northwales and had a Iudge or Iustice which ministred Iustice there to all the Inhabitants of Northwales and therefore was called the Iustice of Northwales The like Courts of Chancery and Exchequer he held in the Castle of Carmarthen for Southwales where he had a Iustice also called the Iustice of Southwales and the Courts of their Iustices or Iudges so held within their seuerall Prouinces were called the great Sessions of those Prouinces and sometimes these Iustices were itinerant and sate in euery of the seuerall Counties of his Prouince in these great Sessions the causes of greatest moment reall personall and mixt and pleas of the Crowne concerning life and members were heard and determined In these great Courts also vpon creation of euery new Prince there were granted by the people of that Prouince vnto the Prince nomine recognitionis ad primum adventum principis certaine summes of money as it were in acknowledgement or reliefe of the new Prince which summes of money are called by them Mises These Mises or summes of money were granted by the people vnto the Prince for his allowance of their Lawes and ancient Customes and a generall pardon of their offences fineable or punishable by the Prince and that summe of these Mises for the Shire of Carmerthen only amounted vnto eight hundred markes and for the Shire of Cardigan the totall summe of these Mises amounted vnto sixe hundred markes as by sundry records doth appeare these summes of mony were paid at certaine daies by seuerall portions such as were appointed and in the said Sessions agreed vpon Also in â—uâ—ry Shire of euâ—ry of the said Prouinces there were holden certaine inferior Courts called therefore County Courts and Shire Courts and Tournes after the manner of England and which by some were also the petty Sessions And there were also Courts inferior in sundry Counties for ending of causes of lesse moment and importance and if any wrong iudgement were giuen in any of these Courts inferior the same was redressed by a writ of false iudgement in the Court superior And if any â—rronious iudgement were giuen in the great Sessions which was the supreme Court of Iustice that error was either redressed by the iudgement of penall Iustices itinerant or else in the Parliament and not otherwise in any the Courts of Iustice now at Westminster As touching the gouernment of the Marches of Wales it appeareth by diuers ancient monuments that the Conqueror after hee had conquered the English placed diuers of his Norman Nobility vpon the confines and borders towards Wales and erected the Earldome of Chester being vpon the borders of Northwales to Palatine and gaue power vnto the said persons thus placed vpon those borders to make such conquests vpon the Welsh as they by their strength could accomplish holding it a very good policy thereby not only to encourage them to be more willing to serue him but also to prouide for them at other mens costs And hereupon further ordained that the lands so conquered should be holden of the Crowne of England in capite and vpon this and such like occasions dâ—uers of the Nobility of England hauing lands vpon the said borders of Wales made roades and incursions vpon the Welsh whereby diuers parts of that Country neere or towards the said borders were wonne by the sword from the Welshmen and were planted partly with â—nglish Collonies and and the said lands so conquered were holden per Baronia and were called therefore Baronyes Marchers In such manner did Robert Fitzhamoâ— acquire vnto himselfe and such others as assisted him the whole Lordship of Glamorgan vsâ—â—g in some resemblance the Roman policy to enlarge Territories by stepping in betweene two competitors and by helping the one hee subdued the other and after â—urning his â—word against him whom he assisted and making this the pretence of his quarrel alleadge that he whom he had assisted had denied to make vnto him sufficient recompence for his susteined trauils and so made himselâ—e abso'ute owner of all likewise Barnard Newmarch conquâ—â—ed the Lordship of Brecknock containing three Cantreds and established his conquest by a mariage in the Welsh blood Hâ—gh Lacy conquered the lands of Ewyas called after his name Ewyas Lacy and others did the like in other places of the borders all which were Baronies Marchers and were holden by such the Conquerors thereof in capite of the Crowne of England and because they and their posterity might the better keepe the said Lands so acquired and that they might not bee withdrawne by suits of Law from the defence of that which they had thus subdued The said Lordships and Lands so conquered were ordained Baronies Marchers and â—ad a kinde of Palatine â—urisdiction erected in â—uâ—ry of them and power to administer Iustice vnto their Tenants in euery of their Territories hauing therein Courts with diuers priuiledges franchises and immunities so that the Writs of ordinary Iustice out of the Kings Courts were for the most part not currant amongst them Neuerthelesse if the whole Barony had come in question or that the strife had beene two Barons Marchers touching their Territories or confines thereof for want of a Superiour they had recourse vnto the King their supreame Lord and in these and such like cases where their owne Iurisdiction failed Iustice was vnministred vnto them in the Superiour Courts of this Realme And this was the state of the gouernement of the Marches of Wales both before and after the generall Conquest of Wales made by king Edward the First as hath beene declared vntill the seauen and twentieth yeere of King Henry the Eight And as touching the first
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 intentioneÌ„ petent is breuiter â—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