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
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
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
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
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
with three other of the said Iustices of Wales who after their Sessions ended are for the most part resident at the Councell and these are ordinary there are diuers extraordinaries both Lords and Knights and such others as are learned in the Lawes and are to be called to Councell when the Lord President shall thinke requisite and euery such of the Councell extraordinary learned in the Lawes when they are called and doe serue there they are allowed their diet for them and their men and sixe shillings eight pence per dum during the time of their Attendance The Officers there seruing to the administration of Iustice as I am informed are these The Clarke of the Counsell the Clarke of the Signet the Register all which were granted to one man by the late Queene Elizabeth and are executed by his deputy the Examiner the Remembrancer the Receiuer of the Fines the Attorney the Solicitor the Porter to whose custody such delinquents as deserue to suffer restraint of liberty are committed c. Two Messengers and a Serieant at Armes And thus much briefly touching the ancient and moderne estate and gouernment of the Principality of VVales and of the Marches of the same Next followeth to be considered according to the former order proposed the ancient and moderne officers of the sayd Principality seruing the Lord Prince and what fees and sallary were allowed vnto them The ancient Officers their names and fees collected out of diuers ancient Accompts were these following In Northwales THe Iustice of Northwales whose ancient fee was vncertain but yet for the most part yeerly his fee was 50. l. howbeit I finde that Sir William Stanley Knight to whom King Henry the seuenth gaue the office of Iustice of Nothwaâ—es for his life he had the yeerly fee of 133. l. 8. s. 8. d. a. â— H. 7. but this seemeth to haue beene of fauor 50. l. The Chamberlaine of Northwales whose ancient fee was yeerely 20. l. The Auditor of Northwales viz. Chester and Flint his ancient fee was 10. l. yeerly with allowance of 10. s. per diem while he was in executing this office and finishing the accompt 10. l. The Comptroller of all pleas fines amerciaments and redemptions or ransomes his yeerly fee was 12. l. 3. s. 4. d. The Atturney for Northwales viz. of the Counties of Carnarvon Merioneth and Anglesey his fee was yeerly 56. s. 8. d. The Supervisor or Surueyor of the Castles Manners Lands Tenements and Hereditaments of the Prince in Northwales his yeerly fee was 10. l. The Constable of the Castle of Carnarvon his fee was vncertaine sometimes 60. l. and sometimes but 40. l. The Captaine of the Towne of Carnarvon his fee was yeerly 12. l. 3. s. 4. d. and some times one man had both the offices of Constable of the Castle and Captaine of the Towne hauing 60. l. yeerly for both the offices 12. l. 3. s. 4. d. There were allowed sometime vnto the said Constable and Captaine 24. Souldiers for the safe custody of the Castle and Towne and euery of them was allowed 4. ds per diem amounting in the whole vnto 146. l. by the yeere 146. l. The Porter of the Gates of the said Towne of Carnarvon whose fee was yeerly 3. l. 10. d. The Constable of the Castle of Conway his fee was yeerly sometimes 40. l. and sometimes 50. l. The Captaine of the Towne of Conway had for his yeerly fee 12. l. 3. s. 4. d. and most commonly he that was Constable of the Castle was also Captaine of the Towne 12. l. 3. s. 4. d. There were also allowed to the said Constable and Captaine 24 souldiers for the safe custody of the said Towne and Castle and euery of them was allowed 4. d per diem amounting yeerly to 146. l. The Keeper and Porter of the Gates of Conway his fee was 4. d. per diem The Constable of the Castle of Hardlaigh in the County of Merioneth his fee yeerly was 26. l. 13. s. 4. d in some accompts he was allowed 50. l. which I thinke was for â—oth offices of Constable and Captaine 26. l. 13. s. 4. d. There were also allowed 24 souldiers for the guard of the said Towne and Castle of Hardâ—aigh their wages amounting yeerly to 146. l. The Constable of the Castle of Bewmarisse his yeerly fee was 40. l. The Captaine of the Towne of Bewmarisse his yeerely fee was 12. l. 3. s. 4. d. There were also 24. souldiers allowed for the guard of the said Towne and Castle of Bewmarisse euery of which were allowed 4. d. per diem amounting to 146. l. The Porter or Keeper of the Gate of Bewmarisse had for his fee 9. l. 2. s. 6. d. The chiefe Forrester of the Forrest of Snowdon his fee. 11. l. 8. s. The office of the Steward of the Townes of Newborough and Roffaire his fee was yeerly 10. l. The Marshall and Keeper of the Iustice house in the Towne of Carnarvon his yeerly fee was 26. s. 8. d. The Clarke of the great Sessions I finde not There was a Court of Exchequer of the Princes reuenewes for Northwales holden in the Castle of Carnarvon in which Court there were certaine fees allowed for expences of parchment paper bagges for money and for portage of mony and such other small charges which were variable according to the occasions and times Southwales THe Iustice of Southwales whose ancient fee was yeerly 20. l. at some times 40. l. The Auditor of Southwales his ancient fee was yeerly 40. l. but sometimes his fee was but 20. l. and 5. s. per diem whiles he exercised his office The Atturney of South wales who had yeerly for his fee 8. l. 13. s. 4. d. The Constable and Vsher of the Castle of Carmarthen whose yeerly fee was 20. l. The Sherife of the County of Carmarthen whose yeerly fee was 50. s. The Steward generall of the Comets of the County of Carmarthens fee 6. l. 13. s. 4. d. The Clarke of the County Courts and small Sessions in the County of Carmarthen his yeerly fee 40. s. The Cryer of the County Courts and small Sessions in the said County whose fee is yeerly 6. s. 8. d. The Steward of the Welsh Courts in the County of Carmarthen his fee 6. l. 13. s. 4. d. The office of the Penkeys in the Comets of Widegada and Elvet fee 4. s. The Steward of the VVelsh Courts of Widegada and Elvet his yeerly fee 3. l. 6. s. 8. d. The Clark of the VVelsh Courts of Widegada and Elvet whose yeerly fee 6. s. 8. d. The Bailiffe itinerant for Carmarthen whose yeerly fee was 5. l. The Bailiefe itenerant for Gantree whose yeerly fee was 6. l. 13. s. 4. d. The Constable of the Castle
may be requisite first a perfect and speciall suruey of all the said reuenues after which it may stand with your Maiesties gratious pleasure either to supply the same by Act of Parliament as did King Edward the Third or else to direct the same so as to your Princely wisedome shall be thought most conuenient This Treatise I haue accomplished with as much perspicuity and breuity as my slender ability could afford to giue vnto it For as touching perspicuity this argument intreated of is such as it refuseth all ornament and good composition as a knotty Timber that reiecteth the plaine And I may say thereof truely as in the like case the Poet affirmeth Vix est contenta doceri Some presidents found of Record concerning the forme and disposition of the said reuenues with sundry other particularities I haue purposely omitted fearing lest this Treatise be growne already too tedious and yet the same are carefully reserued neuerthelesse vntill time doe minister occasion to make further vse of them Which my trauell with all dutie and loyaltie I lay downe at your Maiesties feete crauing pardon for my presumption and manifold imperfections appearing therein for omnia habere in memoria in nullo errare diuinum est potius quam humanum as writeth Bracton an auntient Iudge of this Realme who liued three hundred yeeres agoe The Lord blesse your Maiestie with all his blessings both spirituall and temporall and who hath giuen you this particular blessing that your Maiestie may truely say with King Dauid Thou hast deliuered me from the contentions of my people Thou hast preserued mee to be the head ouer nations the people which I knew not doe serue mee And the Lord further grant that you and your Royall issue may gouerne vs and our posterity in peace and happinesse vnto the worlds end FINIS Suetonius Lampridus Tacuus Wales what part of the Island of Albion Hum. Lloyd apud Ortâ—lium in Thesaur Geographico Et idem Hum. Lloyd in frag mento Britanniae descriptioue â—ol miâ—i â—O Rilsanus Duflius in Dictionario suo Teutonico-Latino in verbo Walliae Saissons or Saxons Wales anciently no parcell of the Realme of England 10. b 4. 6. b. 19. b. 6. 12. a. â—2 b. 6. 25. b. 36. b. 6. 33. b. Com. Plow 129. b. 2 6 b. Vid. Cambd. in com Radnor expolicratico Ioâ—â—nis Barisburiensis 10. b. 4. 6 b. Com. Plowd 126. b. 129. b. Les auncient tenures fol 116. Com. Plow 12â— b. Edw. 1. tooke vpon him the name of Prince of Wales Record Tuâ—â—is London 29. H. 3. Polydor Virgil lib. 16. fol. miâ—i 311. Doctor Powel in the Welsh Chro. fo 311. Matth. Paris aâ—â—o 1257. so miâ—i 914. Patent 51. â— 3 Paâ—â—prima Wales suâ—â—â—ed by K. Edw. 1. The Shires made by E. 1. were these Statum Waliae 12 Ed. the first The Chronicle of Wales compiled parâ—ly by H. Lloyd and partly by Doctor Powel page 376. Cronica Angliae â—mnia huiuâ— temporis Edward the black Prince Prince of Wales Ex chartacreationis in parliamentâ— a. 15. â— â— The manner of the inucsture of the Prince Garter King at armes hath the manner and order of this creation and inuesture painted Ex charta regia data 4 Marâ—â—j a. 17. Ed. 3. Termino Michaelis a. 16 E. 3. Rot 6. exparte remen â—ratoris Thesaury in curia Scaccariâ— This Rice ap Meredick rebelled against K. Edw. 1. after his Conquest of Wales as appeareth in the Chronicles of that time Voydance of Bishoprickes Customes and prices of wines Executions of iustice and a Chancery Forrests Chases Parkes Wariens Vid. 4. et 5. P. et M. 159 nu 34. Vid. Com. 217. a. 1. Eliz. 165. a. nu 1. Dier 14. h. 4. Libre prime digestorum Iuris Civilis tituulo de legibus lege 19. Ex charta regui data 20. Septem irrotulata in memorandis Scij a. 36. e. 3. termino Michaelis Rot. 14. The Cronicks of England of this time Rich. of Burdeaux sonne of the Black Prince created Prince of Wales after the death of his father Charta Regia dâ—â—a 20. Nou. An. 50. Ed. 3. Ex Rotule Chartarum de deanno 1. regni regis b. 4. Alta Charta eodem Anno. Carta Regia 15. Marty 32. heâ— 6. Edward sonne and heire apparant of King Hen. the Sixt Prince of Wales His Creation 33. h. 6. The King to haue the reucnues till the Prince accomplish the age of fourteene yeeres Ex Charta Regia dot In Scaccario penes Rememâ—r Thesaurar remanente In Chartes pat 35 b 6 pars 2. â— 11. E. 4 pars 1. membr 1. pat 13. E. 4. pars 2. Ed. 4. vpon his returne into England tooke an oath at York that he would not claime the Kingdome but only the Dutchy of York Inter warra ad magnum sigillum in Cancellaria Ex charta de concess de â—ryg c. 9. h. 7. Inter warr ad magnum sigillum in cancellaria A Councell assigned the said Prince Charta creationis Priâ—â— Waliae 10. h. 7. Com. ministre ducat cornw 30. 31. b. 8. inter recordeur augment Doctor Pow. in Chronic. Wall Statum Walliae fol. 53. 2 E. 4 12 a. Geraldus Camb. 23. 24. E. I. Roâ— 51. Hill 7. E. apud 〈…〉 r. Sca 〈…〉 rij The Chamberlaines accompts 3. E 3. 19. iâ— le nouel print 63. a. 7. H 35. b. Chamberlains accompts Ministers accompts 18. H. â— Ministers accompeâ— 16 E. 4 Chamberlains accompts 19. H. 6. 12. b. 21. H. 7. 33. a. The Marches of Wales Another policy The originall of the Baro niâ—s Maâ—â—â—â—â—â—s 1â— E 2. Fitz. â—ssâ—â— 182. 13. E. â— Fitzâ—a Iurisdiction 23. 47. E. 3. 5. 67. 6. h. â— Fitzâ—a â—urisdiction 34. 7. â— 635. 36. â— 30. â—6 6. â— â—ohn Bishop of Worcester first President of the Marches of Wales Doctor Powell in Câ—â—on Walliâ— p. 389. Stat. 27 h. 8. cap. 26. Statutum de 24. h. 8. cap. 26. Stat. 27. h. 8. cap. 26. Stat. 27. h. 8. cap. 26. Stat. 27. h. 8. cap. 26. Circuits 34. h. 8. cap. 26. Stat. Iustice Stat. 18. Eliz. cap. 8. Stat. 34. h. 8. cap. 2. 4. Stat. 18. Eliz. cap. 8. Criminall Causes Ciuill Causes Common pleas Iustices of afâ—ise Writs either Iudiciall or Originall The great Sessions Adiournements 34. â— 8. cap. 26. â— 33. Prothonatory Clarke of the Crowne At the Kings appointment The Marshall Cryer The Clarke of the Peace The Sheriffe 34. h. 8. cap. 16. The County Court deriued from Iustice Commutatiue Escheator 34. h. 8. cap. 16. Coroners 34. h. 8. cap. 26. Skeene in verborum significationem Iuris Scotiae These are in Scotland Constables of the hundred The Goale The Iurisdiction of the Councell of the Marches of Wales Statum 34. H. â— ca. 26. Iustice of Northwales Chamberlaine Auditor Comptroler Atturney Surueyor Constable Captaine Souldiers Porter Constable Captaine Souldiers Porter Constable Souldiers Constable Captaine Souldiers Porter Forrester Steward Marshall Exchequer Iustice Auditor Attorney Constable Sheriffe Steward Clarke Crier Steward Penkeys Steward Clarke Bailiffe Baliffe Constable Sheirffe Clarke Cryer Clerke Steward Clerke Clerke Bayliffe Bayliffe Captaine Escheator Clerke Exchequer The Councell Gouernour Chamberlaine 21 E. 3 pat part 2. Hollinshead The Attourney 11 E. 4 â—at pars 1. The Clarke The Vsher The Vsher of the Princes Chamber Carnaruonshire Anglesey-shire Merioneth-shire Cardigan-shire Carmarden shiâ—e The County of Carnaruon The County of Anglesey The County of 〈…〉 The County of Cardigan The County of Carmarden Statut. de a. 33. b. 6. In originale de a. 35. b. 6. rot 29 ea parte Rememor Thesaur in Scaccar Charâ—a data 4. Septem 11. E. 3. 1. Mar Diar 94 b. 32. Parliament 9. b. 5. Carta dat 10. Iuly â—6 E. â— Carta dat 17. Martij 11. E. 3. Carta dat 18. Martij 11. E. 3. Carta dat 3. â—â—â—â— 11 â— 3. The Coynage of Tynne Casaneus in Catalâ—go gloriae mundi par â— consider 24. numero 121. Ex compoto Iohannis Arundel militis receptoris generalis Ducatis Cornubiâ— 15 H. 8. Officers of the Dutchy These summes ought n 〈…〉 e to be charged vpon the reuenue of the Dutchy for that these Castles belong to the Crown