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
the said Kings hands by the dissolution of the Priory of Trewardreth in the said Countie of Cornewall And also the Mannors of Breadford Cauerdon Clymesland Pryor Treworgy Stratton Eastway Bowyton Bradrissey Bucklawrue and Bonyaluey which came to the said Kings hands by the surrender and suppression of the Priory of Lanceston All which Mannors so newly granted vnto the said Dutchie were by the said Act of Parliament so annexed thereunto as were the said Castle and honour of VVallingford and the members and parcels of the same before the making of the same Act of Parliament any Act Law vsage or custome to the contrary notwithstanding And thus much concerning the reuenues locall and called in the lawes Heâ—editamenta corporea and of annuall value which were either originally giuen by King Edward the Third and afterward by Patent conferred or by Act of Parliament in liew of other lands granted vnto the said Dutchie which threefold distinction of the said reuenues is here made and induced to this end that it might be obserued that those Castles Lordships Mannors and Lands which were either first giuen vnto the said Dutchie and established by Act of Parliament or lastly giuen by Act of Parliament in liew of other the lands seuered from the said Dutchie might appeare so to be annexed vnto the said Dutchie by the intent and meaning of the said Acts of Parliament and so knit and conioyned thereunto as that they should not be alienated therefrom and are of more validitie in that respect then the reuenues of the second sort which were onely conferred by Letters Patents without helpe of Parliament and therefore not so firmely vnited vnto the said Dutchie as are those two former kindes mentioned Inheritances of casuall value belonging to the said Dutchie were these 1 The Duke hath granted vnto him and his heires inheritable vnto the said Dutchie yeerely to elect choose create and make the Sheriffe of Cornewall in such sort as the King himselfe doth elect the Sheriffes of other Counties 2 The Prises Customes of all Wines brought into these Ports of the said Countie of Cornewall and the profits of the Ports and Hauens there and the Customes of all Wooll Leather and Woollsels shipped to be transported out of the said Dutchie to be collected by Officers appointed by the said Duke wrecke of the Sea and the prerogatiue of all Royall Fishes taken and brought to land within the said Countie the Hundred Courts and Countie Courts and the profits thereof The prises and Customes of Wines of the Port of Sutton which is now called Plymouth and is partly with in the Countie of Deuon Also the said Duke hath free warren in all his said landsgranted Also hee hath the liberty and returning of all Writs and summons directed to the Sheriffe of the said Countie which shall not be returned but by the Officers of the said Duke for the time being Also the goods and chattels of all Felons and Fugitiues being Tenants of the said Dutchie And the benefit of all Fines imposed for any trespasse or crime fynable and all Fynes to be paid for Licences to leuye any Fyne or Concord of record And all Ame cements Issues and Forfeitures and the yeere day and wast streepe and spoile of the lands of such as are Tenants of the said Dutchy vpon murthers or Felons by them committed and whereof they shall be attainted and likewise the Escuage of all Tenants holding by Knights seruice which they are to pay being assessed in Parliament for their faile of seruice absence not being with the King when he should make any Army or voyage Royall against his enemies whereby such escuage doth come due Also there is annexed vnto the said Dutchie the Stannaries and profits of the Coynage of Tynne within the said Counties of Deuon and Cornewall For the better vnderstanding whereof it is to be obserued that in the said Counties being in many parts thereof mountanous full of wast grounds and Moores there is found great quantities of Tynne the purest best and most plentifullest in Europe by reason whereof it hath euer beene accounted one of the Staple Commodities of this Kingdome and of good estimation in forraigne regions These Mynes of Tynne in these West parts of the kingdome were not vnknowne to the Romanes as appeareth by Diodorus Siculus who liued in the time of Augustus the Emperour aboue 1600. yeeres sithence and who thus writeth thereof Britanij qui iuxta Velerium promontorium incolunt mercatorum vsum qui co Stanneri gratia nauigant humaniores reliquis ergahospites habentur Hiexterra Saxosa cuius venas sâ—quuti effodiunt Stannum ignem eductum in quandam Insulam ferunt Britanicum iuxta quam Ictam vocant maris fluxu videntur insulae cum vero refluit exsicato interiecto littore curribus co Stannum deferunt c. Ex hijs Insulis mercatores emptum Stannum in Galliam portant inde diebus fere triginta cum equis ad fontem Eridani fluminis perducunt That Promontorie which he calleth Velerium by the iudgement of all learned in Cosmographie is now called the Lyzard and is scituate in the West part of Cornewall The Island that he calleth Icta is the Wight and that which he saith was an Island and at the Floud and at low water passable from the mayne is a true description of Portland as it is at this day being not farre from the I le of Wight vnto which place out of Cornewall the Tynne was brought to be transported into France from whence it was carried thirty dayes iourney on horsebacke and so ouer the Alpes into Italy euen to the Fountaines of Eredanus as he saith which is the Riuer now called the Po in Piemont and Lumbardy I doe alledge his authority the rather for that he in a manner set out the laborious search for Tynne in those dayes euen as it is vsed by the Spaliard at this day with great industrie and paines Hi ex terra Saxosa venas sequunti effodiunt Stannum c. All the moores and wastes wherein the Tynne is found being of ancient time belonging to the Kings and many of the said moores at this day being parcell of this Dutchie of Cornewall The Kings of this land in former times haue cast their Princely care to establish a good and orderly mannaging of the said Commoditie and haue endowed the Tynners with sundry priuiledges for their good gouernement thereby the more to encourage them in the search of Tyn. And thereupon by ancient Charters the whole Company and body of Tynners in euery of the said Counties of Deuon and Cornewall are cast and diuided in foure seuerall Stanneryes or Iurisdictions In euery of which Stanneries there is a Court to minister iustice in all causes personall arising betweene Tynner and Tynner and betweene Tynner Forraigner and also for and concerning the right and ownership of Tynne Mynes and the disposition thereof except in causes of land life and member
and if any false and vniust iudgement be giuen in any of the said Courts the party grieued may make his appeale vnto the Lord Warden of the Stanneries who is their superiour Iudge both for law and equity and from him vnto the body of the Councell of the Lord Prince Duke of Cornewall to which Duke the Stanneryes are giuen as by the former charters haue appeared and from them the appeale lyeth to the Kings most Royall person When matters of moment concerning the state of those Mynes or Stanneryes shall come to be questioned or debated there are in euery of the said Counties by the direction of the Lord Warden seuerall Parliaments or generall assemblies of the Tynners summoned whereunto euery Stannery within that Countie sendeth Iurates or Burgesses by whose aduice and consent constitutions orders and lawes are made and ordained touching Tynne causes which being promulged the same doe binde the whole body of Tynners of that Countie as firmely as if the same had beene established in the generall Parliaments of the Realme As touching the persons that deale or entermeddle with Tynne and therefore carry the name of Tynners they are of foure kindes First the owners of the soile where Mynes are found Secondly the aduenturer for Tynne which may haue by the law of Tynners power and disposition of a Myne or Tyn-worke although he be not owner of the soile Thirdly the merchant Broker or Regrator of Tynne which either buyeth to transport out of the Realme or else to regrate and sell againe within the realme And fourthly the Spadiard or Spaliard so called because he liueth by his Spade and is the Myne-worker and labourer for Tynne who commonly in respect of his poore estate is eaten out by the hard and vsurious contracts for Tynne which he is driuen to make with the merchant or regrator For those poore labourers hauing no wages certaine but onely shares in the mynes as the quantity thereof shall arise and being not able to sustaine themselues and their family vntill the Tynne of coynage and Marts for Tynne shall come which are halfe yeerely hee is by necessity compelled for a small summe of money aforehand to enter into bond vnto the Merchant or Regrator of Tynne to deliuer him at the the time of the next ensuing coynage Tynne in value much more then the money he had formerly receiued There are also two kindes of Tynne the one called blacke Tynne which is the Tynne oare broken and washed but as yet not blowne molten or founded into mettall and white Tynne which is the Tynne after that it is founded and moulten into mettall and this is also of two sorts soft Tynne which is best merchantable and hard Tynne which is least merchantable It is not lawfull by the law of Tynners and it is by the ancient Charters of the priuiledges granted by the Kings of England vnto the Tynners expresly forbidden vnder forseiture of the Tynne that no Tynne shall be sold within euery of the said Counties either blacke or white Tynne but onely at two set times of the yeere at places appointed in which places all the vendable Tynne in the said seuerall Counties is brought and there by the Officers of the Duke the same is weighed by a Beame and weights thereto appointed and after the same is coyned with a stampe it is thereupon allowed to be sold and not before for which weighing and stampe commonly called the Coynage there is due to the Lord Prince as Duke of Cornewall the summe of 40. s. for euery thousand weight of Tynne so weighed and coyned which is parcell of the casuall reuenues of the said Dutchie and first granted by King Edward the third vnto the Duke of Cornewall and annexed vnto the said Dutchie by the name of Coynage of Tynne Moreouer not onely the Kings of England in their times but also the Dukes of Cornewall in their times haue had the preemption of Tynne which is a priuiledge belonging and reserued vnto themselues by their Charters of liberties granted vnto the Tynners which appertaineth vnto them as is conceiued by the learned Ratione proprietatis tanquam summis Dominis proprietarijs quam ratione praerogatiuae suae not vnlike that which other Kings haue in forraigne Countries whereof Casaneus thus maketh mention Praefertur princeps in emptione metallorum alledging an imperiall constitution of the Coad for proofe thereof and of which preemption as by some presidents may be proued both the Kings of England and Dukes of Cornewall haue made vse when otherwise they stood in need of money for the managing of their affaires And thus much touching the reuenues of the Countie of Cornewall The whole reuenues vnto Edward the Prince sirnamed the blacke Prince sonne and heire apparant vnto King Edward the Third as by a notable suruey thereof appeareth accounting all profits annuall and casuall as they hapned communibus annis one yeere with the other and as rated 50. E. 3. in manner as ensueth The reuenues of the Dutchie of Cornwall as it was rated by suruey taken 50. E. 3. amounting in the whole without reprises vnto 3415. l. 18. s. 5. d. q. whereof in particular viz. For Cornewall 2219. l. 7. s. 9. d. ob For Deuon 0273. l. 19. s. 5. ob q. In other shires 922. l. 1â— s. 2 d. The summe totall of the whole reuenue of the said Dutchie amounteth vnto 3415 l. 18. s. 5. d. q. The reuenue of the said Dutchie of Cornewall as it appeareth by the accounts of the Receiuer thereof in the fifteenth yeere of King Henry the Eight amounted of cleere yeerely value vnto 10095. l. 11. s. 9. d. q. In particular as followeth Cornewall The issues of the Mannors and Boroughes in the Countie of Cornewall 624. l. 17. s. 2. d. q. The issues of the Hundreds and Hundred-Courts and of the office of the Sheriffe 59. l. 14. s. 2. d. ob The issues of the Stannery Courts in both the Counties of Deuon and Cornewall accounted for by the seuerall Bayliffes of the seuerall Stanneries of the Counties 54. l. 9. s. â— d. The profits of the office of the Hauenour in the said Countie of Cornewall 53. l. 3 d. The profits of the offices of the Feodarie and Escheâ—tor of both the Counties 33. l. 16. s. 10. d. ob Deuon The issues of the Mannors and Boroughes in the Countie of Deuon and of the Chase and Forrest of Dertmore in the said Countie of Deuon 170. l. 14. s. 3 d. ob q The issues of the water of Dartmouth 8. l. The fee Farme of the Citie of Exon and of the Castle there 21. l. 15 s. The issues and profits of the Coynage of Tynne in the said Counties of Deuon and Cornewall in the said 15. H. 8. 2771. l. 3. s. 9. d. q. For white rent which is a dutie payable yeerely by euery Tynner in the County of Deuon and antiently due that is of euery Tynner 8. d. which summe in the whole collected from 424.