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
Iustice and a Chancery Forests Chaces Parkes Woods Warrens Hundreds Comots c. and all other Hereditaments as well vnto the said Principalitie as vnto the said King in those parts then belonging To have and to hold the same vnto the said Prince and his heires Kings of England This lymitation of Estate of this Principalitie vnto the Prince and his heires Kings of England may seeme strange to our moderne Lawyers For how is it possible that the Kings of England can inherit the Principalitie sithence the Principalitie being the lesser dignitie is extinguished in the Kingly estate being the greater for in Praesentia maioris cessat id quod minus est Forasmuch as the Heire apparant of the Crowne being Prince is presently vpon the death of his auncester Eo instante in himself King and the Principalitie as the lesser not compitable with the Kingdome being the greater But when I consider that this age wherein this Charter was penned was a learned age of Iudges and Lawyers by whose aduice no doubt in a matter of this importance this Charter was penned and this age much commended for exquisit knowledge of the Laws by those learned men that liued in the Succeeding times I cannot but thinke reuerently of Antiquity although I cannot yeeld sufficient reason of their doings therein For I am taught by Iulianus that learned Roman Lawyer Non omnium quae a maioribus constituta sunt ratio reddi potest Wherof also Naratius there yeeldeth a reason Etideo rationes eorum quae constituuntur inquiri non oportet alioquin multa ex ijs quae certa sunt subuerterētur Neuertheles forasmuch as al the Charters in the ages following made to the Prince doe hould the same manner of lymitation of estate I am perswaded some mystery of good policy to lye hidden therein which as I conceaue may be this or such like The Kings of England thought to conferre vpon their Prince and Heire apparant an estate of fee simple in the lands that they bestowed vpon him for a lesser then an Inheritance had not beene answerable to so greate a dignitie And yet they were not willing to giue him any larger estate then such as should extinguish againe in the Crowne when he came to bee King or dyed for that hee being King should also haue the like power to create the Prince ce of his Heire apparant and to inuest him into that dignitie as he being the father was inuested by his Progenitor For the wisdome of the Kings of England was such as that they would not depriue them selues of that honour but that euery of them might make new Creations and inuestures of the Principalitie to their eldest sonne or next succeeding Heire apparant and that those Lands so giuen vnto the Prince might when he was King be annexed knit and vnited againe to the Crowne and out of the Crowne to be of new conferred which could not so haue been if those Lands had been giuen to the Prince and his Heires generalls for then the Lands so giuen would haue rested in the natural person of the Princes after they came to the Kingdome distinct from the Crown Lands might as the case should happen discend to others then those which were his Heires apparant to the Crowne And herein I do obserue a difference between the Principalitie of Wales giuen to the Prince and the Dutchie of Cornwall giuen vnto him For euery Prince needeth and soe hath had a new Creation and Inuesture But he is Duke of Cornewall as soone as he is borne if his Auncester be then King of England and if not he is Duke of Cornwall Eo instante that his father is King of England as shall be more euidently proued hereafter by matter of Record when I shall come to speak of the Dutchy of Cornwall The said King also by another Charter dated the twentieth of September in the said seauenth yeere of his raigne granted vnto the said Prince all arrerages of rents duties accompts stocks stores goods and chattels remaining in all and euery the said parties due or of right belonging vnto the King and thereupon the Prince accordingly was possessed by virtue of these Charters of all these aforesaid It resteth here that we set down the totall annuall value of the said Principality of Wales by itselfe as it appeareth vpon a diligent survey thereof taken in his fiftieth yeere of the reigne of the said King Edward the Third of England and in the seuen thirtieth yeere of his reigne of France The Suruey of the Principality of Wales is drawne out of a long Record and to avoide tediousnesse the value of the Reuenewes of euery County or Shire is here set downe and then the totall of the whole omitting the particulars of euery Manour Lordship Towne or other profit in euery of the said Counties The setting downe whereof at large would haue been exceeding cumbersome and intricate It is therefore in this manner The Prouince of Northwales The summe totall of the Princes reuenewes in the County or Shire of Carnaruon 1134. l. 16. s. 2. d. ob q. The summe totall of the reuenewes of the Prouince in the County of Anglesey 832. l. 14. s. 6. d. ob q. The summe totall of the reuenewes in the County of Merioneth amounteth vnto 748. l. 11. s. 3. d. ob q. The perquisits and profits of the Sessions of the Iustices of Northwales The summe totall of all the former reuenewes in Northwales amounteth vnto 3041 l. 7. s. 6. d. q. Whereof deducted for the yeerly fee of the Iustice of Northwales and so there remained the summe of 3001. l. 7. s. 6. d. q The Prouince of Southwales The summe totall of the yeerly reuenew of the Prince-in the County of Cardigan 374. l. 11. s. 3. d. q. The summe totall of the yeerly reuenew of the Prince arising in the County of Carmarthen 406. l. 1. s. 7. d. The fee farme of Buelt 113. l. 6. s. 8. d. Montgomery 56. l. 13. s. 4. d. Perquisits and profits of the Sessions of the Iustices of Southwales 738. l. 6. s. 9. d. ob Perquisits of the Courts of Hauerford 41. l. 5. s. 3. d. ob The summe totall of the reuenew in Southwales 1730. l. 4 s. 11. d. ob Out of which deducted for the fee of the Iustice of Southwales fifty pounds there then remaineth 1680. l. 4. s. 11. d. q. The totall of all which the reuenewes of the Principality of Wales cast vp in one intire summe together 4681. l. 12. s. 5. d. q. This Survey was made vpon this occasion as it seemeth after the death of the Prince called the Black Prince the Princesse his wife was to haue her dower to be allotted vnto her out of those Reuenewes which could not bee without an extent and suruey thereof first had by Commissioners thereunto appointed And because the yeerly value of the said reuenewes by reason of the sundry casuall profits thereof were more or
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
Also there was a Charter of the grant of the lands of the said Principality Earldome of Chester and Flint dated the twenty seuenth of February in the said fift yeere of the said King made vnto the said Prince The said King Henry the seuenth by his Charter bearing date the twentieth day of March in the eight yeere of his reigne did constitute and appoint the said Prince Arthur to bee his Iustice in the County of Salope Hereford Glocester and the Marches of Wales adioyning to the said Shires to enquire of all liberties priuiledges and fraunchises being possessed or claimed or which then after should be possessed or claimed by any person or persons and which were to bee seized into the Kings hands and of all escapes and fellons and those Inquisitions so from time to time to be taken to certifie into the Chancery And by the same Charter gaue him power to substitute and appoint others vnder him for the better execution of the same which after wards by commission was executed accordingly And the said King also by his Charter bearing date the fourteenth of Iune in the eight yeere of his reigne made and constituted the said Arthur Prince of Wales and Gouernor and Warden of the Marches of England towards Scotland and substituted as his Lieutenant and vice-warden vnder him Thomas Earle of Surrey for the due execution thereof Likewise the said King by his letters patents dated the fift day of Nouember in the ninth yeere of his reigne in augmentation of the reuenew of the Prince did grant vnto the said Prince the honor Castle and Lordship of Wigmore and diuers other Castles Mannors and Lands which sometime had beene belonging to the Earledome of March which came to the Crowne by King Edward the fourth who was himselfe Earle of March before he assumed his regall estate To haue and to hold during the pleasure of the King yeelding yeerly the rent of two hundred pounds This Prince was sent into the Marches of Wales for the gouernment of that Country and in the seuenteenth yeere of the reigne of the said King his father had a Councell of very wise and worthy persons assigned vnto him as namely Sir Richard Poole chiefe Chamberlaine of the said Prince Sir Henry Vernon Sir Richard Crofts Sir Dauid Phillips Sir William V dall Sir Thomas Englefield and Sir Peter Newton Knights Iohn Wilson Henry Marian Doctor William Smith President of his Councell and Doctor Charles where not long afterwards the said Prince died in the Castle of Ludlow without issue After the death of the said Prince Arthur King Henry the seuenth by his letters patents dated the eighteenth of February in the 19. yeere of his reigne in Parliament created Henry then his onely soune who after was King Henry the eight and whom before that in the 11 th he had made Lord Lieutenant of Ireland by another Charter of the same yeere Constable of the Castle of Douer to be Prince of Wales and Earle of Chester being then about the age of twelue yeeres to haue and to hold to him and his heires Kings of England for euer being the like limitation of estate and with the like inuesture as in former times had beene accustomed But whether the said King did grant the lands and reuenewes belonging to the said Principality vnto the said Prince Henry or no as hee had done vnto Prince Arthur his brother doth not appeare by any Charter that as yet thereof can be found After the death of King Henry the seuenth the said Prince Henry was King of England by the name of King Henry the eight he had issue a sonne called Henry who dyed very yong hee likewise had issue the Lady Mary afterwards Queene and the Lady Elizabeth our late Soueraigne of most happy memory and lastly Prince Edward the yongest in yeeres who first reigned after the death of his said father by the name of King Edward the sixt But there cannot be found any Charters among the records whereby it may appeare that any of them were created Princes of Wales or whereby any of the reuenewes of the said Principality were giuen or conferred vnto 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 accompt of the Dutchy of Cornwall in the time of the said Prince Edward he is called by the name of the Prince of England and not by the name of the Prince of Wales And thus much touching the succession or rancks of the Princes of Wales which I haue drawne in an historicall although a plaine and homely manner thereby the better to take away the harshnesse of the particularities of records intermingled therewith which of themselues although they affoord profitable knowledge yet they doe carry with them small delight but also for that the variety of things in those succeeding ages in the sundry occurences and accidents thereof doe yeeld good matter of obseruance and worthy memory representing as it were the English State for the time of more then two hundred yeeres together Now therefore do rest neuerthelesse 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 gouerned and directed vnder the said Prince Secondly what officers aswell domesticall as others the said Princes had about them and their fees as farre forth as I could come to any certaine knowledge thereof And thirdly an abstract of the reuenewes of the said Principality as they now stand in charge and be esteemed to your Maiesty whereby may bee perceiued what in time past the said reuenewes haue beene and in what case they now stand The manner of the gouernment of the Principality and Marches of Wales THe said Principality being vnder the gouernment of the Princes of the Welsh blood whose ancient patrimony yet remained vntill the Conquest thereof by King Edward the first as before hath beene shewed was guyded gouerned and directed by their owne municipall and homebred Lawes and the Customes of their Country Most of which had their commencement from the Constitutions of one of their ancient Princes called Howell Dah as their Historians haue recorded But being reduced vnder the yoke by the said King Edward he diuided certaine parts of that Territory into Shires as hath beene declared he caused the Welsh Lawes to bee perused some whereof he did allow and approue some others he did abrogate and disanull and in their place appointed new altogether according to the English manner of executing Iustice Hee caused to be deuised ce taine Briefes Writs or formulaeturis and he instituted their manner of Processe pleadings and course of their Iudiciall proceedings All which things doe manisestly appeare by the act of Parliament made at Rithlan in Wales called therefore Statutum Walliae which afore is remembred and when they want a writ of forme
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
l. 13. s. 4. d. The fee of the Steward and keeper of the Courts of the Mannors in the County of Cornewall which sometimes were the Marquesse of Exceter and now parcell of the lands annexed vnto the said Dutchy 46. s. 8. d. The fee of the Bailiffe Itinerant of the said Dutchie of Cornewall 3. l. 10. d. The fee of the Woodward of the said Dutchie of Cornewall yeerely 5. l. The summe totall of the fees of the Officers of the said Dutchie of Cornewall 138. l. 3. s. 4. d. Money paid vnto the Captaine of the Castle of Saint Mawes 118. l. 12. s. 6. d. Money paid to the Captaine of the Castle of Pendynas both which Castles are for the defence of the Hauen of Falmouth 118. l. 12. s. 6. d. Summe totall 237. l. 5. s. Paid yeerely to the Bishop of Exceter for the tenth of the coynage of Tynne in Deuon and Cornewall 16. l. 13. s. 4. d. Paid yeerely vnto the Barons of the Exchequer forth examination of the accounts belonging to the said Dutchie 5. l. The summe totall of all the charges and reprizes taken out thereof amounted vnto 615. l. 9. s. 6. d. Which being deducted out of the generall summe of the reuenues of the said Dutchie being by estimation 4569. l. 12. s. 2. d. q. there may remaine of cleere reuenue the summe of 3954. l. 2s 8 d. q. which cannot be cast into a certaine yeerely value by reason of the casuall profits and casuall expences which may happen yeerely And thus much of the Dutchie of Cornewall THE EARLEDOME OF CHESTER The third reuenue is the Earledome of Chester whereunto is annexed the Countie of Flint belonging to the Prince as Earle of Chester THe Earledome of Chester is the third reuenue before spoken of this Earledome bordering vpon North-Wales for the better defence of that Country and that the Inhabitants should not be thence withdrawne in sutes of law was made Palatyne and conferred by the Conquerour vpon his kinsman Hugh sirnamed Loupe or Lupus sonne to the Earle of Awrenches in Normandy to whom hee gaue this Earledome To haue and to hold to him and his heires as the words of the first donation import It a libere adgladium sicut ipse Rex tenebat Angliam Coronam This Earledome for the more honour thereof and for the better accomplishment of the Palatyne iurisdiction therin hath certaine substitute Baronyes vnder it who doe acknowledge the Earle Palatyne to be their superiour Lord as 1 The Baron of Halton 2 The Baron of Mountalt 3 The Baron of Maâ—banâ—k 4 The Baron of Shibrooke 5 The Baron of Malpas 6 The Baron of Mascey 7 The Baron of Kinderton 8 The Baron of Stockport This Earledome from the said Hugh Lupus discended in his bloud and kâ—ndred by sundry descents vnto Iohn sirnamed Scot Earle of Chester Anguise Galway and Huntingdon who in the time of King Henry the Third dying without issue the said King Henry the Third seized the same into his hands giuing the Aunts and next coheires of the said Iohn other Lands by exchange which thing the said King was induced to doe as the Record saith netanta haereditas inter colos diduceretur not willing that so great a patrimony should beâ— parted amongst disttaffs Afterward King Edward the first was by his father the said King Henry the third created Earle of Chester But the same Earldome being afterwards conferred vpon Simon de Monford by his attainder it came the Crowne After that Edward the third in the life-time of his father and before he tooke vpon him the Kingdome had the said Earledome but afterwards hee being King gaue the same to his eldest sonne Edward surnamed the Black Prince by his Charter bearing date at Pomfret the eighteenth day of March in the seuenth yeere of his reigne and inrolled of record in the Exchequer anno 33. of the same King By which Charter the said King did grant vnto the said Earle of Chester the Castles of Chester Beston Rothlan and Flint and all his lands there And also the cantred and lands of Englefield together with the Knights fees aduousons liberties franchises forrests chaces parks woods warrens and other the appurtenances thereunto belonging to haue and to hold to him and to his heires Kings of England And the same King by another Charter bearing date the ninteenth of March in the seuenth yeere of his reigne granted vnto the said Earle of Chester all his goods chattels stock of cattell then being in or vpon the said lands of the said Earldome formerly granted Moreouer all the Kings of England succeeding when they created their sonnes and heires apparant Princes of Wales did also create them Earles of Chester to haue and to hold the same vnto him so created and his heires Kings of England in such manner as the Principality of Wales was giuen vnto him And did by their seuerall Charters giue vnto the said Earle the said Earledome and lands as namely the said Castles of Chester Beston Rothlan and Flint and the Castle also of Hope and the Mannors of Hope and Hopedall and of Foreshaâ— and the said Cantred and lands of Englefield and other their lands in the said Counties of Chester Flint and elsewhere belonging vnto the said Earledome And the Aduouson of the Cathedrall Church of Saint Asaph in Wales and the auoydance issues and profits of the temporalities of the Bishopricks of Chester and Saint Asaph aforesaid together with all aduousons pentions portions corrodies offices prizes customes liberties franchises lordships comots hundreds escheats forfeitures and hereditaments vnto the said Earldome belonging And to the intent that it may the better appeare both what the ancient reuenewes were of the said Earledome and also what it is at this present I shall according to the order before pursued set downe the ancient reuenew thereof as it was in the latter time of King Edward the third and also how it now standeth in charge to your Maiestie The ancient reuenews of the Earldome of Chester as it was taken vpon the suruey thereof made in the fiftieth of Edward the third The County of Chester The fee farme of the City of Chester 100. l. For other profits out of the said Citie 4 l The farme of the towne of Medwick 64. l The Farme of the Milles vpon the Riuer of Dee 240 l The Manner of Dracklow in yeerly rent 49. l. 22. d. The farme of the Mannor of Dummarsh 15. l The Forrest of Mara the issues and profits thereof 51. l. 7. s. The rents and profits of Norwich are 66 l The Mannor of Shotwick the rents are 30. l. 14. s. 1. d. The Mannor of Eordsham in yeerly rent 56. l. 13. s. 4. d. The profits of the office of the Sheriffe of the said County 124. l. 7. s. 4. d. The perquisits of Courts holden by the Iustice of Chester 180. l. The profits of the office of the Escheator 100 l The summe totall of the reuenew of the said Earldome
Edward the Fourth hauing thus gained the Crowne which had beene thus shaken from his head did by his Charter dated the 26. of â—une in the eleuenth yeere of his raigne create Edward of VVestminster his sonne heire apparant Prince of VVales and Earle of Chester And by another like Charter of the same yeere gaue vnto him the Lands and reuenues of the said Principality and Earledome To haue and to hold to him and his heires Kings of England This Edward the Prince being of tender yeeres was borne in the Sanctuary of VVestminster whither the Queene his Mother was fled for her security and during the time that the King her husband had auoided the Realme Afterwards the said King by his letters Patents bearing date the eight day of Iuly in the said eleuenth yeere of his raigne ordained his Queene the then Lord Archbishop of Canterbury George Duke of Clarence Richard Duke of Gloucester brothers to the said king The then Bishops of Bath and VVels and Durham Anthony Earle Riuers the then Abbot of VVestminster Chancellor to the Prince VVilliam Hastings knight Lord Chamberlaine to the king Richard Fynes Lord Dacres Steward of the said Prince Iohn Fogge Iohn Scot knights Thomas Vaughan Chamberlaine to the Prince Iohn Alcocke and Richard Fowler to be of Councell vnto the said Prince giuing vnto them and euery foure of them thereby with the aduice and expresse consent of the Queene large power to aduise and counsaile the said Prince and to order and dispose the Lands reuenues and possessions of the said Prince and the nomination of Officers belonging to the said Prince when they should happen to become void or that the parties were insufficient The said authority thus giuen vnto the said Councellors to continue vntill the said Prince should accomplish the age of fourteene yeeres which was performed by them accordingly in all Leases Dispositions and Grants of the reuenues of the said Prince The said king Edward the Fourth by one other Charter composed in English and bearing date the tenth of Nouember in the thirteenth yeere of his raigne appointed the said Earle Riuers being brother vnto the Queene to be the Gouernour of the person of the said Prince and to haue the education and the institution of him in all vertues worthy his birth and to haue the gouernement and direction of his seruants King Edward the Fourth hauing raigned full two and twenty yeeres in the foure and twentieth yeere of his raigne left this mortall life ended his dayes at VVestminster was enterred at VVindsor Edward the Prince his sonne and heire then being at Ludlow necre the Marches of Wales for the better ordering of the Welsh vnder the gouernment of the said Lord Riuers his vncle on the Mothers side and vpon the death of his father drawing towards London to prepare for his Coronation fell into the hands of his vncle by the father Richard Duke of Glocester and the said Lord Riuers being vpon the way towards London was intercepted and lost his head at Pomfret for what cause I know not other then this that hee was thought to be too great an obstacle betweene a thirsty tyrannous desire and the thing that was so thirstily and tyrannously desired Edward King of England the fist of that name for so he was although he enioyed it not long being thus surprized vnder the power of his naturall vncle and yet his mortall enemy was brought to London with great solemnity and pompe and with the great applause of the people flocking about to behold his person as the manner of the English Nation is to doe whose new ioyes cannot endure to be â—ettred with any bonds His said vncle calling himselfe Lord Protector of the King and his Realme but indeed was the woolfe to whom the Lambe was committed for hauing thus surprized the Kings person hee laboured by all meanes to get into his possession also the yonger brother being Duke of Yorke knowing that they both being sundred the safety of the yonger would be a meanes to preserue the elder and therefore by all sinister perswasions and faire pretences hauing obtained the yonger Duke from his mother the King and the Duke both for a time remained in the Tower of London and there shortly after both in one bed were in the night smothered to death and buried in an obscure and secret place vnknowne how and where vntill one of the executioners thereof after many yeeres being condemned to die for other his manifold crimes confessed also his guilty fact in this pitifully tragedy and the circumstance thereof of which by reason of the secrecy and incertainty diuers had before that diuersly coniectured And by this meanes all the prouision for the coronation of innocent Edward serued the turne to set the Crowne vpon the head of tyrannous Richard Out of which by the way I cannot but obserue how hatefull a bloody hand is to almighty God the King of Kings who reuenged the bloodshed of those ciuill broiles whereof Edward the father had beene the occasion and the breach of his oath vpon those his two innocent infants This tyrant and staine of the English Story Richard Duke of Glocester vsurped the Kingdome by the name of Richard the third and became King yet as our records of Law witnesse de facto sed non de iure And in the first yeere of his reigne created Edward his sonne being a child of ten yeeres of age Prince of Wales Lieutenant of the Realme of Ireland But for that the prosperity of the wicked is but as the florishing of a greene tree which whiles a man passes by is blasted dead at the roots and his place knoweth it no more So shortly afterwards God raised vp Henry Earle of Richmond the next heire of the house of Lancaster to exteute iustice vpon that vnnaturall and bloody vsurper and to cast him that had beene the rod of Gods iudgements vpon others into the fire also For in the third yeere of the reigne of the said Richard at the battell of Bosworth whereinto the said Richard entred in the morning crowned in all Kingly pompe he was slaine and his naked carkasse with as much despight as could be deuised was carried out thereof at night and the said Henry Earle of Richmond the Solomon of England father to Margaret your Maiesties great Grandmother reigned in his stead by the name of King Henry the seuenth This King Henry the seuenth tooke to wife Elizabeth the eldest daughter and after the death of her brothers the relict heire of King Edward the fourth by which mariage all occasions of further contention-betweene those noble families of Yorke and Lancaster were taken away and vtterly quenched and the red rose conioyned with the white The said King Henry the seuenth by his letters patents dated the first day of December in the fift yeere of his reigne created Arthur his eldest sonne and heire apparant being then about the age of three yeeres Prince of Wales
any greater number In euery of the said Shires where the said Commission of the Peace is established There is also a Clarke of the Peace for the entring and ingrossing of all proceedings before the said Iustices and this Officer is appointed by the Custos Rotulorum Euery of the said Shires hath his Sheriffe which word being of the Saxon English is as much to say as a Sbire Reeue or minister or Bayliffe of the Countie his Function or Office is two fold Ministeriall or Iudiciall As touching his Ministeriall office he is the Minister and executioner of all the proces and precepts of the Courts of Law and thereof ought to make return or certificate And as touching his Iudiciall office he hath authority to hold two seuerall Courts of distinct natures the one called the Tourne because he keepeth a Tourne or Circuit about his shire holding the same in seuerall places wherein he doth inquire of all offences perpetrated against the Common Law and not forbidden by any Statute or Act of Parliament And the Iurisdiction of this Court is deriued from Iustice distributiue and is for criminall offences The other is called the County Court where he doth determine all petty and small causes Ciuill vnder the value of forty shillings arising within the said County and thereof it is called the Countie Court And the iutisdiction of this Court is drawne from Iustice Commutatiue and is held euery moneth The office of the Sheriffe is Annuall and by the Statute of 34. h. 8. it is ordained that the Lord President Councell and Iustices of Wales or three of them at the least where of the President to be one shall yeerely nominate three fit persons for that office of whom the Kings Maiestie may elect and chose one who thereupon shall haue his Patent and be Sheriffe of the said shire Euery of the said Shires hath an Officer called an Escheator which is an officer to attend the Kings reuenue and to seaze into his Maiesties hands all lands either escheated goods or lands for seited and therefore he is called Escheator and he is to enquire by good enquest of the death of the Kings Tenants and to whom their lands are descended and to seaze their bodies and lands for ward if they be within age and is accountable for the same And this Officer in Wales is named by the Lord Treasurer of England by the aduice of the Lord President Councell and Iustices or three of them at the least whereof the Lord President to be one There are also in euery of the said shires two Officers called Coroners they are to enquire by inquest in what manner and by whom euery person dying of a violent death came to his death and to enter the same of Record which is matter criminall and a plea of the Crowne and thereof they are called Coroners or Crowners as one hath written because their enquiries ought to be publique in corona populi These Officers are chosen by the Free-holders of the Shire by vertue of a Writ out of the Chauncery de Coronatore eligendo and of them I need not to speake more because these Officers are elsewhere Forasmuch as euery shire is diuided into hundreds there are also by the said Statute of 34. h. 8. cap. 26. ordained that two sufficient Gentlemen or Yeomen shall be appointed Constables of euery hundred Also there is in euery Shire one Goale or Prison appointed for the restraint of liberty of such persons as for their offences are therunto committed vntill they shall be deliuered by course of law Finally in euery hundred of euery of the said shires the Sheriffes thereof shall nominate sufficient persons to be Bayliffes of that hundred and Vnderministers of the Sheriffe and they are to attend vpon the Iustices in euery of their Courts and Sessions The Gouernment of the Marches of VVales after the Statutes of an 27. 34. H. 8. BY the said Statute of 34. H. 8. ca. 26. it is further ordayned that the President and Councell in the said Dominion and Principality of Wales and the Marches of the same with all Officers Clarks and incidents thereunto should continue and remaine in manner and forme as was then formerly vsed and accustomed And therefore the said Rowland Lee spoken of before being Lord President of the Councell of the Marches of Wales at the time of the making of the said Statute so continued after the making thereof vntill his death being in the foure and thirtieth yeere of the said King Henry the eight After whom succeeded in the office of the said President Richard Samson Bishop first of Chester and after remoued to Couentry and Litchfield who continued Lord President vntill the second yeere of King Edward the sixt at what time Iohn Dâ—dley then Earle of Warwick and after Duke of Northumberland was President of the said Councell who so continued vntill the fourth yeere of the said King And after him succeeded Sir William Herbert Knight of the noble Order of the Garter and after Earle of Pembrooke who continued President vntill the first yeere of Queene Mary Next succeeded Nicholas Heath then Bishop of Worcester and after Archbishop of Yorke and Lord Chancellor of England And vpon the remouing of the said Archbishop the said Sir William Herbert againe succeded as President of the said Councell vntill the sixt yeere of the said Queene Mary at what time followed him Gilbert Browne Bishop of Bath and VVels who so continued vntill the death of the same Queene In the beginning of the reigne of the late Queene Elizabeth Sir Iohn VVilliams Lord VVilliams of Tame of whom the Lord Norris is descended was appointed President of the said Councell and died the same yeere And after him succeeded Sir Henry Sidney Knight of the noble Order of the Garter whose loue to learning fauour to learned men need not here to be spoken he continued Lord President of Wales about foure and twenty yeeres and six moneths he serued in Ireland eight yeeres and six months being there three seuerall times Lord Deputy generall in that Country During some part of the time of the aboade in Ireland of the said Sir Henry Sidney there serued in Ireland as President or Vice-President Iohn Bishop of VVorcester and now Lord Archbishop of Canterbury After this succeeded Henry Earle of Pembrooke sonne in law to the said Sir Henry Sidney and father to the right honorable the Earle of Pembrooke that now is And after him Edward Lord Zouch now present Lord President of that Councell The President and Councell of the Marches of Wales haue power and authority to heare and determine by their wisdomes and discretions such causes and matters as bee or shall bee assigned to them by the Kings Maiesty and in such manner as shall be so prescribed vnto them by instruction signed with his hand The Councell assisting the Lord Prince consisteth of these the chiefe Iustice of Chester together