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A39396 Cambria triumphans, or, Brittain in its perfect lustre shevving the origen and antiquity of that illustrious nation, the succession of their kings and princes, from the first, to King Charles of happy memory, the description of the countrey, the history of the antient and moderne estate, the manner of the investure of the princes, with the coats of arms of the nobility / by Percie Enderbie, Gent. Enderbie, Percy, d. 1670. 1661 (1661) Wing E728; ESTC R19758 643,056 416

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Kings bench And if the said erroneous judgment shall be in any Action personal the same shall be reversed by bill before the Lord president of the Marches and councel there Officers Ministers Clerks and Writers for the expediting of the said great Sessions First there are the Chamberlains of every the said circuits as hath been said who are properly and Originally the Treasurers of the Revenue within their charge and by the said Statutes are also Keepers of the seals as aforesaid therein they do undertake in part the Office of a Chancellour And in every of the said circuits there is the Atturney or Regius Advocatia and Sollicitor There is a Protonotary or chief Register who draweth all the pleadings Protonotary Cl●rk of the Crown entereth and engrosseth the Records and Judgments in civil causes and ingrossing Fines And there is also a Clerk of the Crown which draweth and ingrosseth all inditements and proceedings arraignments and judgments in criminal causes and these two Officers are at the King or States appointment There is a Marshal to attend the persons of the Judges at their common sitting and going from the Sessions or Court There is a Marshal There is a Cryer Tanquam publicus preco to call forth such persons whose apparences are necessary and to impose silence to the people And these two Officers last remembred are deposed by the Justices And thus much touching the Justices of the great Sessions There are also other ordinary Officers appointed for every Shire in Wales by the said Statute 34. Henry 8. such and in like manner as in other the Shires in England There is a commission under the great Seal of England to certain Gentlemen What a Justice of peace giving them power to preserve the peace and resist and punish all turbulent persons whose misdemeanour may tend to the disquiet of the people and these are called Justices of peace and every of them may well be termed Eirnarcha the chief of them is called Custos Rotulorum in whose custody all the Records of their proceedings are resident Others there are of that number called Justices of the peace and Quorum because of their Commissions whereby they have power to sit and determine causes concerning breach of peace and misbehaviour the words of the Commission are conceived thus 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 avoiding of the superfluous number of such Justices 8. Justices onely allowed in every County of Wales for through the ambition of many it is accounted a credit to be burthened with that Authority The Satute of 34 Hen. 8. hath expresly prohibited that there shall be above eight Justices of Peace within every of the Counties and Shires of Wales which if the number were not indefinite for the Shires in England it were the better These Justices do hold their Sessions quarterly And it is further ordained by the Statute of 34 Hen 8. that two Justices of peace whereof one to be of the Quorum may hold their Sessions without any greater number In every of the said Shires where the said Commission of peace is established There is also a Clerk of the peace for the entring and engrossing of all proceedings before the said Justices and this Officer is appointed by the Custos Rotulorum Sr. John Dod fol. 49. Every of the said Shires hath a Sheriff which word being of the Saxon English is as much as to say a Shire-Reeve or Minister or Bailiff of the County his Function or Office is twofold Ministerial and Judicial As touching his Ministerial Office he is the Minister and Executioner of all the Process and Precepts of the Courts of Law and thereof ought to make return and certificate Why the Tourne Court so called and as touching the Judicial Office he hath Authority to hold two several Courts of distinct natures the one called the Tourne because he keepeth a Tourne or Circuit about the Shire holding the same in several places wherein he doth enquire of all offences perpetrated against the common Law and not forbidden by any Statute or Act of Parliament The County Court derived from Justice Communicative And the Jurisdiction of this Court is derived from justice distributive and is for criminal offences The other is called the County Court where he doth determine all petty and small causes civil under the value of 40 s. arising within the said County and thereof it is called the County Court And the Jurisdiction of this Court is drawn from Justice Communicative and is held every Moneth The Office of the Sheriff is annual by the Statute of 34 Hen. 8. it is ordained that the Lord President Councel and Justices of Wales or three of them at the least whereof the President to be one shall yearly nominate three fit persons for that Office of whom the King or State may elect one who thereupon shall have his Patent and be Sheriff of the said Shire Escheator why so called Every of the said Shires hath an Officer called an Escheator which is an Officer to attend the Kings Revenue and to seize into his hands all lands either Escheated goods or lands forfeited therefore he is called Escheator and he is to enquire by good enquest of the death of the Kings Tenants and to whom the lands are descended and to seize the bodies and lands for Ward if they be within age and is accountable for the same And this Officer in Wales is nominated Escheator 34 Hen. 8. cap. 16. by the Lord Treasurer of England by the advice of the Lord President Councel and Justices or three of them at least whereof the Lord President to be one There are also in every of the said Shires two Officers called Coroners they are to enquire by enquest in what manner and by whom every person dying a violent death came to his death and to enter the same of Record which is matter criminal and a plea of the Crown Coroners why so called and thereof they are called Coroners or Crowners as one hath written because their enquiries ought to be publick Et in Corona Populi These Officers are are chosen by the Free-holders of the Shire by vertue of a Writ out of the Chancery De Coronatore Eligendo And of them I need not speak more because these Officers are elsewhere The Goal Forasmuch as every Shire hath one Goal or Prison appointed for the restraint of liberty of such persons as for their offences are thereunto committed until they shall be delivered by course of Law Finally in every hundred of every of the said Shires the Sheriffs thereof shall nominate sufficient persons to be Bailiffs of that hundred and under Ministers of the Sheriff and they are to attend upon the Justices in every of their Courts and Sessions The Government of the Marches of Wales
his own hands shall hold and enjoy the same as freely as they did before the time of the wars and shall use the same liberties and customs which they used before contrary to this Article the Lord Reginald Grey hath brought many new customs against the Form of peace aforesaid 5. All Controversies moved or to be moved betwixt the Prince and any other shall be decided after the Law of the Marches if they have their beginning in the Marches and after the Laws of Wales such as in Wales have their beginning contrary to this Article the King doth and sendeth Justices to Anglesey who presume to judge there the men and subjects of the Prince setting fines upon them contrary to the Lawes of Wales seeing neither this nor any like was ever heard of in times past imprisoning some out-lawing others when the Prince is at all times ready to do justice to all men that complain upon any of his men 6. Where it is in the peace That Gruffith Vachan should do homage for the land in Yale and to the Prince for the land in Ederneon The Kings Justices brought the Lady of Maylor into the said land of Ederneon The knowledge of which cause onely pertained to the Prince and not to the said Justices and yet for peace sake the said Prince tollerated all this being at all times ready to minister justice to the said Lady 7. And though the said Prince submitted himself unto us and our will yet we nevertheless will and grant that our will in no case go further than is contained in those Articles Contrary to this Article Gold was exacted for the Queens works at every payment made to the King which Gold was never demanded in the time of King Henry or any other King of England which Gold yet for quietness sake the Prince paid though it were not spoken of or mentioned in the peace And now further it is exacted for the old Queen the Kings mother that now is for the peace concluded with King Henry 2000 Marks and a half and unless it be paid the King threatneth to occupy the goods and lands of Lhewelyn and his people which he could find in his Realm and sell men and beasts till the sum were paid 8. When the King invited the Prince at his Feast at Worcester promising with very fair words that he would give his kinswoman to him for wife and enrich him with much honour nevertheless when he came thither the self same day they should be married before Mass the King required a Bill to be sealed by the Prince containing amongst other things That he would never keep man against the Kings will nor never maintain any whereby it might come to pass That all the Princes forces should be called from him the which Letter sealed he delivered the King by just fear which might move any constant man yet was not this contained in the peace whereas the conclusion of peace was That the King should require nothing that was not contained in the same 9. Where in the peace all Customs be confirmed to the said Prince as his ancestors of long and daily observed Custom have received to their own use all Wrecks hapning upon his own lands The Justice of Chester took a distress of the Prince for goods of Shipwrack received by him before the wars contrary to the Form of the said peace by the which all trespasses on either side were remitted and contrary to the Customs aforesaid and if in case it were forfeited yet he took such a distress 15 pounds of honey and many horses and imprisoned his men and this he took of the Princes own proper goods And further took booties of Bagiers which came to Lyrpool with Marchandize and never delivered the same until he had taken so much money for the same as it pleased him 10. When certain men of Geneurglyn had taken certain goods of some of their Neighbours of Geneurglyn when they were in the Dominion of the Prince in Meyreon the Kings men of Lhanbadarn did take away the said goods out of the said Dominion of the Prince and when the Princes men came thither and asked the cause why they took the said prey the Kings men killed one of them and wounded others and the rest they did imprison neither could the Prince get any justice for the said goods to this day 11. And where it is contained in the peace That all things committed in the Marches shall be redressed in the Marches yet the Kings men would no where hear the Princes men but put them in the Castle of Lhanbadarn which is against the peace aforesaid In these Articles and divers others the King standeth sworn to the Prince and his people And although the Prince as well by himself as by his people have often requested the King to cause the said peace to be kept yet was it in no point kept but daily the Kings Justices did more and more heap injuries and griefs upon the people of those parts So that it cannot be blamed if the Prince did assent to them that first began the wars seeing the Oath which the Lord Robert Typtoft sware unto the King was kept in no point and chiefly seeing the Prince was forewarned that he should be taken as soon as the King came to Ruthlan as he had been indeed if the King had come thither after Christmas as he purposed These Griefs following were done by the King and his Officers to the Lord David ap Gruffith 1. When the said David came to the Lord Edward then Earl of Chester and did him homage the said Lord Edw. did give by his Letters Patents to the said David two Cantrefs Dyffryn Cluyd and Crinmeyrch with all the appurtenances afterwards when he was made King he confirmed the said gift to the said David and gave him possession of them After when Gwenlhian Lacy died who held some Towns in the said Cantrefs for term of life which after her decease appertained to David by force of the aforesaid grant which Towns yet the King took from him contrary to his Letters Patents 2. Item When the said David did hold of the Lord the King the Villages of Hope and Eston in Wales of the which he ought to answer no man but according to the Laws of Wales yet the Justice of Chester caused the said David to be called to Chester at the suite of one William Venable an Englishman to answer for the Title of the said Villages and although the said David did often and instantly desire him the said justice not to proceed against him injuriously in the County of Chester where he was not bound to answer by the form of the peace yet he plainly denied him to be judged either in Wales or after the Laws of Wales 3. Item The said Justice of Chester to the injury of the said David did cut down his Wood of Lhyweny and his Woods at Hope as well by the Dwellers of Ruthlan as others and yet the
said Reginald Grey returned into Wales he would take 24 men of every Cantref and either behead them or imprison them perpetually 16. Item Whereas we paid our Taxes and Rents in old money half year before the coming of new money they enforced us to pay new money for the old These griefs and the like the said Reginald offered us and threatned that if we would send any to the King to complain he would behead them and when we sent any to the King they could never speak with the King but spent us much money in vain for which griefs we believe our selves free before God from the Oath we have made to the King These Griefs following the King and his Justices offered to Rees Vachan of Stratywy 1. After that the said Rees gave the King his Castle of Dynevowr since the last peace the said Rees then being in the Tent of the Lord Payne de Gadersey at the same time there were slain six Gentlemen of the said Rees his men for whom they never had amends which was to him great grief and loss 2. Item John Gifford claimed the said Rees his Inheritance at Hiruryn and the said Rees requested the Law of his Countrey of the King or the Law of the Countrey of Caermarthen in the which Countrey the Ancestors of the said Rees were wont to have Law when they were of the peace of the Englishmen and under their regiment but the said Rees could have no Law but lost all his lands They would have had him to answer in the County of Hereford where none of his Ancestors ever answered Further in the lands of the said Rees were such enormities committed which do most appertain to the State Ecclesiastical that is to say in the Church of St David which they call Lhangadoc Grievous sacriledge committed by the English they made Stables and plaid the Harlots and took away all the goods of the said Church and burning all the houses wounded the Priest of the said Church before the high Altar and left him there as dead 3. Item In the said Countrey they spoiled and burnt the Churches of Dyngad Lhantredaff and other Churches in other parts they spoiled their Chalices Books and all other Ornaments These be the Griefs which the King and his Justice gave to Lhewelyn ap Rees and Howell ap Rees After that a Form of peace was concluded betwixt Henry then King of England and the Prince of Wales the said King granted and confirmed by his Charter to the said Prince the homage of the said Noblemen so long as they stood friends with the Prince according to the said gift and confirmation But Edward now King disinherited the said Gentlemen of their lands so that they could not have their own lands neither by law nor by favour These be the Griefs done by the Englishmen to the sons of Meredyth ap Owen 1. After that the King had granted the Gentlemen their own inheritance of Geneurglyn and Creuthyn he contrary to the peace disinherited the said Gentlemen denying them all lawes and customs of Wales and of the County of Caermarthyn 2. The said King in his County of Caerdigan by his Justices compelled the said Gentlemen to give judgement upon themselves where their predecessors never suffered the like of Englishmen 3. The said Justices of the King having taken away the Courts of the Noblemen in Wales and compelled the people to satisfie before them for trespasses when as they ought to have satisfied by the said Nobles 4. When a Wrack happeneth upon any of the grounds of the Noblemen whose ancestors had the Wrack they should have the same yet the King forbiddeth them and the said King by colour of that Ship-wrack contrary to their custom and law did condemn them in eight Marks and took away all the goods of the Ship-wrack The Complaints of the Noblemen of Strattalyn of the Wrongs and Griefs done to them by Roger Clifford and Roger Scrochill Deputy to the said Roger Clifford contrary to the Priviledge Justice and Custom of the said Noblemen as they say and prove 1. When the said Roger compelled the said men of Strattalyn to give them to have their customs and priviledges 20 Marks starling and after the payment of the money they brake by and by after this sort to put upon 12 men according to the laws of England which was never the manner or custom of the said Countrey 2. Item Madoc ap Blethyn was condemned in 4 Marks unjustly contrary to the laws and use of the Countrey 3. Item Grono Goch was likewise condemned 5 Marks and 12 Beasts contrary to the customs of his Countrey Dear Venison 4. Item The said Roger took the lands of the men of the Countrey as forfeit and for one foot of a Stagg found in a Dogs mouth three men were spoiled of all they had 5. Item Itlhel ap Gwysty was condemned in a great sum of money for the fact of his father done 40 years before 6. Item The said Rogers laid upon us the finding of all the English Souldiers where as before there was but one half 7. Item We were given to Mr. Maurice de Cruny and were sold to Roger Clifford which was never seen in our parents time 8. Item The widow of Robert of the Mowld asked of the King the third part of the land in the Mowld in Ward whereas it was judged before the King that the said lands were never given in Ward These be the Articles of Grief done to the men of Penlhyn by the Constable of Henry Chambers of the White Abbey and his men 1. Cynwric ap Madoc was spoiled by them in the time of peace of 8 pound 4 Oxen Corn the work of one plough for two years and to the value of 3 pound of 3 of his men and they had the worth of 16 pound for the said 8 pound and did beat him besides which was more wrong for then he was the Princes Constable at Penlhyn and all the cause that they pretended to make this spoyl was only that they said they had found 24 sheafes of Tythe in the house of a servant of the said Cynwric 2. Item Adam Criwr was condemned in 8 s. 8 d. and a Mare price 20 s. and was taken and beaten for that he had taken the Stealer of that Mare and brought him bound with him the which Thief was forthwith delivered 3. Item Jorwerth ap Gurgenen was condemned in 4 l. for that he had scaped out of their prison in time of the wars and was found in the same Town in time of peace and this is directly against the peace concluded betwixt the King and the Prince 4. Item Cadua Dhu servant to the Constable of Penlhyn was condemned because he would not receive the old money for new 5. Item Gruffith ap Grono the Princes man was spoiled of an Oxe price 11 s. 8 d. and after that the Constable had ploughed with the said Oxe 7 moneths he paid to the said Gruffith
great credit and favour between whom and the Lord Grey of Ruthin happen some discord about a piece of Commons lying between the Lordship of Ruthin and the Lordship of Glyndourdwy whereof Owen was owner and thereof took the sirname of Glindour during the reign of K. Richard Owen was too hard for the Lord Grey being then a servitour in court with K. Rich. with whom he was at the time of his taking in the castle of Flint by the Duke of Lancaster but after that K. Richard was put down the Lord Grey being now better friended then Owen entred upon the said Commons whereupon Owen having many friends and followers in his country as those that be great with princes commonly have put himself in armour against the Lord Grey whom he meeting in the field overcame and took prisoner The Welsh ever addicted to believe prophesies This was the very beginning and cause Owens rising and attempts upon the taking of the Lord Grey and spoyling of his Lordship of Ruthin many resorted to Owen from all parts of Wales some thinking that he was now as well in favour as in K. Richards time some other putting in his head that now the time was come wherein the Brittains through his means might recover again the honour and liberty of their ancestours A caveat for Mr. Pugh and such as are over credulous in prophesies These things being laid before Owen by such as were very cunning in Merlins prophesies and the interpretations of the same for there were in those dayes as I fear there be now some singular men which are deeply overseen in those mysteries and hope one day to mete velvet upon London bridge with their bowes brought him into such a fools paradice that he never considering what title he might pretend or what right he had proceeded and made war upon the Earle of March who was the the right Inheritor as well to the principality of Wales as appeareth formerly as to the Crown of England after the death of K. Rich. being descended from the elder brother next to Edw. Prince of Wales father of K. Rich. of which insurrection rebellion there ensued much mischief unto the Welshmen for the King conceiving great hatred against them shewed himself a manifest opressour of all that nation making rigorous lawes against them whereby he took in a manner all the liberties of subjects from them Cruel Lawes against the Welsh probibiting all Welshmen from purchasing lands or to be chosen or received Citizens or Burgesses in any City Burrough or market towns or to be receied or accepted to any office of Maior Bailiffe Chamberlain Constable or Keeper of the gates or of the goale or to be of the Councel of any City Burrough or Town or to bear any manner of armour within any City c. And if any suit happened between a Welshman an Englishman it was by law ordained that the Englishman should not be convict unlesse it were by the judgment of English Judges and by the verdict of the whole English Burgesses or by Inquests of English Burroughs and Towns of the signiories where the suit lay also that all Englishmen that married Welshwomen should be disfranchized of their liberty no congregation or meetings in councel was permitted to Welshmen but by licence of the chief Officers of the said signiory and in the presence of the same Officers That no victualls nor armour should be brought into Wales without the special licence of the King or his Councel That no Welshman should have any Castle Fortresse or house defensive of his own or of any other mans to keep no Welshman to be made Justice Chamberlain Chancellour Treasurer Sheriff Steward Constable of Castle Receiver Eschetor Coronor nor chief Forrester nor other Officer nor Keeper of Records nor Lieutenant in any of the said Offices in no part of Wales nor of the councel of any English Lord notwithstanding any patent or licence made to the contrary That no Englishman which in the time to come shall marry any Welshwoman be put in any Office in VVales or in the Marches of the same These with other lawes both unreasonable and unconcionable such as no prince among the Heathen ever offered to his subjects were ordained and severely executed against them Neither was it any reason that for the offence of one man his complices all the whole nation should be so persecuted whereby not only they that lived in that time but also their children and posterity should be brought to perpetual thraldom and misery A law more cruel then that Julian the Apostate for these lawes were not ordained for their Reformation but of meer purpose to work their utter ruine and destruction which doth evidently appear in that they were forbidden to keep their children at learning or to put them to be apprentises to any occupation in any Town or Burrough in this realme Let any indifferent man therefore judge and consider whether this extremity of law where Justice it self is meer injury and cruelty be not a cause and matter sufficient to withdraw any people from civility to barbarisme 〈…〉 This Hen. dyed in the 10th year of his reign leaving a son behind him being an infant of ten moneths who by reason of his tender age was not as by any word extent can be proved ever created prince but was proclaimed King immediately after the death of his father by the name of Henry the Sixt. Edward of Westminster Henry the sixt by the advice of his Lords Spiritual and Temporal given to him in his Parliament holden in the 31 year of his reign did afterwards by his charter bearing date 15 day of March 32. Regni created Edward his son born at Westminster by one and the self same patent to be both prince of Wales and Earle of Chester and invested him therein His Creation with the usual Ensignes of that dignity as had been in former time accustomed TO HAVE AND TO HOLD the said dignities to him and his heirs Kings of England Sr. J. Dodridge which Charter is recited in the Act of Parliament holden at Westminster 9. Julii anno 33. regni In the which Act of Parliament is also recited another Charter likewise confirmed by the said Parliament whereby the said King did give unto the said Prince the said principality of Wales together with all the Lordships and lands Castles and Tenements by speciall names above mentioned and all in the former Charters granted and conveied to the former Princes and the said Fee Farms and Rents of 113 l. 13 s. ob out of the Lordship and Town of Buelht and the said 56l 13s 4d out of the Lordship Castle and Town of Montgomery likewise mentioned in the Charters of the former Prince To have and to hold to him and his heirs Kings of England By the same Act of Parliament also it was enacted because the said prince was then of tender years and there was assigned unto him a certain
And all the lands that were of Rees ap Meredyth The large liberties and priviledges of the Prince of Wales which came to the hands of King Edward the First together with all the Lordships Cities Castles Burrowes Townes Manours Members Hamlets and Tenements Knights fees Voydances of Bishopricks Advowsons of Churches and of Abbeys Priories and of Hospitals with customes and prisages of wines The exercise and Execution of Justice and a Chancery Forrests Chases Parks Woods Warrens Hundreds Como●s c. And all other Hereditaments as well unto the said principality as unto the said King in those parts then belonging To have and to hold the same unto the sad Prince and his heirs Kings of England This limitation of Estate of this principality unto the prince and his heirs Kings of England may seem strange to our Modern Lawyers For how is it possible that the Kings of England can inherit the principality since the principality being the lesser dignity is extinguished in the Kingly Estate being the greater for in presentia majoris cessat id quod minus est for as much as the Heir apparent of the crown being Prince is presently upon the death of his Ancestor eo instante King himself and the principality as the lesser not compatible with the Kingdom being the greater But when I consider that this age where in this Charter was penned was a learned age of Judges and Lawyers by whose advice no doubt in a matter of this importance this Charter was penned and this age much commended for exquisite knowledg of the lawes by those learned Men that lived in the succeeding times I cannot but think reverently of antiquity although I cannot yield sufficient reason of their doings therein Nevertheless for as much as all the Charters in the ages following made to the Prince do hold the same manner of limitation of Estate Sr. John Dodridge his opinion concerning a difficulty I am perswaded some mystery of good policy lies hid therein which as I conceive may be this or such like The Kings of England thought to confer upon the Prince and heir apparent an Estate in Fee simple in the lands that they bestowed upon him for a lesser than an Inheritance had not been answerable to so great a dignity And yet they were not willing to give him any larger Estate then such as should extinguish again in the Crown when he came to be King or died for that he being King should also have the like power to create the Prince or his heir apparent and to invest him into that dignity as he being the Father was invested by his Progenitor For the wisdom of the Kings of England was such as that they would not deprive themselves of that honour but that every of them might make new Creations and Investitures of the principality to ther Eldest Son and next succeeding heir apparent and that those lands so given unto the Prince might when he was King be annexed knit and united again to the crown and out of the crown to be anew conferred which could not so have been if those lands had been given to the Prince and his heirs generall for then the lands so given would have rested in the natural person of the Princes after they came to the Kingdome distinct from the Crown Lands and might as the case should happen descend to others then those which were his heirs apparent to the Crown And herein I do observe a difference between the principality of Wales given to the Prince and the Dutchy of Cornewall given unto him For every Prince needeth and so hath had a new creation and investiture But he is Duke of Cornewal as soon as he is born if his Ancestor be then King of England and if not he is Duke of Cornwall eo instante that his father is King of England The said King also by an another charter dated the 20 of September in the said 17. year of his reign granted unto the said prince all arrerages of rents duties accompts Stocks stores goods and chattels remaining in all and every the said parts due or by right belonging unto the King and thereupon the prince accordingly was possessed by vertue of these charters of all these aforesaid It resteth that here we set down the Total Annual value of the said Principality of Wales by it self as it appeareth upon a diligent Survey thereof taken in the 5. year of the reign of the said King Edw. the III. of England and in the 37. of his reign over France The survey of the principality of Wales is drawn out of a long Record and to avoid tediousness the value of the revenues of every County or Shire is here set down and then the total of the whole omitting the particulars of every Mannour Lordship Town or other profit in every of the said Counties The setting down whereof at large would have been exceeding combersome and intricate It is therefore in this manner The Province of Northwales The summe total of all the Princes Revenues in the County or Shire of Caernarvon 1134l 16 s 2d ob q. The summe total of the Revenues of the province in the County of Anglesey 832l 14 s 6d ob q. The sum total of the revenues in the county of Meryoneth amounteth unto 748l 11 s 3d. ob q The perquisites and profits of the Sessions of the Justices of Northwales The summe Total of all the former Revenues in Northwales amounteth to 3041l 7 s 6d. q. Whereof deducted the yearly Fee of the Justice of Northwales and there remains the summe of 3001l 7 s 6d. q. The Province of Southwales The summe totall of the yearly Revenue of the prince in the county of Caerdigan 374l 11 s 3d. q. The summe total of the yearly Revenue of the prince arising in the County of Caermardhyn 406l 1 s 7d. The Fee Farme of Buelht 113l 6 s 8d. Montgomery 56l 13 s 4d. Perquisites and profits of the Sessions of the Justice of Southwales 738l 6 s 9d. ob Perquisites of the Courts of Haverford 41l. 5 s. 3d. ob The summe total of the Revenues in Southwales 1730l 4 s 11d q. Out of which deducted for the Fee of the Justice of Southwales 50l. there then remaineth 1681l 4s 11d q. The total of all which Revenues of the Principality of VVales cast up in one entire summe together is 4681l 12 s 5d q. This survey was made upon this occasion as it seemeth after the death of the prince called the black Prince the Princesse his wife was to have her dowry to be allotted unto her out of those Revenues which could not be without an extent or survey thereof first had by Commissioners thereunto appointed And because the yearly value of the said revenues by reason of the casual profits thereof were more or lesse yearly and not of one certain value the Commissioners observed this course they did make choice of three several years viz. 47 and 48 and 49. of Edw. III. and
the said Baronies Merchers were then in his own hands And for that also divers murders rapes roberies and enormities and odious offences had been there committed and by reason of the flight of the offendours Monmoth made an English Shire from one Barony as is usual upon the borders they had escaped due and condigne punishment for their such enormities and crimes he ordained also that the county of Monmoth formerly being a shire of Wales should be governed from thenceforth in like manner Stat. 27. H. 8. cap. 26. and by the same Judges as other Shires of England and for the other 12 Shires he ordered a special jurisdiction and Officers but yet in substance agreable and after the lawes of England although for the circumstance of time and place and persons in some few things discordant He ordained that out of every of the said Shires of Wales there should be one Knight and out of every of the Shire Towns of Wales named in the said Act of Parliament Stat. 276. cap 26. there should be one Burgesse elected after the English manner which Knights and Burgesses so elected and duly upon the summons of every parliament in England returned should have place and voice in the parliament of England as other the Knights and Burgesses of England used to have Circuits 34. H 8. cap. 26. Stat As for the administration of justice in the said 12 Shires of Wales there was by an Act of parliament of 34. H. 8. ordained 4. several circuits precints or Conventus Juridicus allotting to every of them three of these Shires so that the Chief Justice of Chester hath under his jurisdiction the three several Shires of Denbigh Flint and Montgomery his Fee is yearly 100 l. Justice The Shires of Carnarvon Merioneth and Anglesey are under the Justice of Northwales whose Fee is 50 l. The counties of Carmardhin Pembrock and Cardigan have also their Justice whose Fee is 50 l. The counties of Radnor Brecknock and Glamorgan have also their Justice whose Fee is 50 l. After by an Act of parliament made 18. Eliz. cap. 8. one other Justice assistant was ordained to the former Justices Stat. 18. Eliz. cap. 8. so that now every of the said four circuits have two Justices viz. one chief Justice and a second Justice assistant Their Jurisdiction These Justices in every of their circuits have almost the same Jurisdiction that the ancient Justices in Eyre or Justices Itenerants had First they had power to hear and determine all criminal causes which are called in the lawes of England the pleas of the Crown and herein they have the same absolute jurisdiction that the Judges have of the K. bench commonly so called They have also Jurisdiction to hear and determine all civil causes which are called in the lawes of England common pleas and to take the acknowledgment of Fines levied of lands or hereditaments without suing any dedimus potestatem and herein they have the same jurisdiction that the Justices of the Common pleas do execute in the hall at Westminster also they may hear and determine all Assizes upon disseisons of lands or hereditaments wherein they equal the jurisdiction of the Justices of Assize They may hear and determine all notable violences and outrages perpetrated or done within their several precints and therein they have the power authority and jurisdiction of the Justices of Oyer and Terminer Their Chancery Seal and Writs For as much as no suite can commence between party and party nor orderly Justice can be done without complaint of the pursevant and summons and admonition given unto 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 kind of formulae juris which the common law calleth a Writ or Brief so called as Bracton saith Breve quia rem quae est intentionem petentis breviter enarrat and which writ is alwaies conceived in form quondam of the Kings name in manner of a preecept Royal and sealed with the Kings or Potestates great seal Writt either Judicial or Original Therefore in the appointing of this Jurisdiction there is ordained to every Circuit or precint a several Seal for the sealing of such writs and commissions as the case shall require within that Circuit And for as much as all Writts are either Original such as begin the suite or else judicial such as command and warrant the execution thereof It is by the said Statute made in the 34 Hen. 8. ordained that the Seal serving for Original process in several shires of Denbigh and Montgomery should be in the custody of the Chamberlain of Denbigh and what the original Seal of Chester shall be and stand for the Original Seal of Flint and shall be in the custody of the Chamberlain of Chester the like seal serving for the several shires of Carnarvon Merioneth and Anglesey to be in the custody of the Chamberlain of Northwales The like seal concerning the several Shires of Radnor Brecknock and Glamorgan is committed to the custody of the Steward of Brecknoc And finally the like Seal serving for the several Shires of Caermardhyn Pembrock● and Cardigan is in the usage of the Chamberlain of Southwales These Chamberlains are as Chancellours in this behalf and have the sealing of all Original writs and commissions within the several precints and these Chamberlains may also award out several writs to all Under-Receivers of the Revenues and ministers to make their accounts The Seal for sealing judicial writs is appointed by the said Statute 34 H. 8. to be and remain by the Justices of every the said circuits for the more expedite execution of their Judgment The great sessions Their Sessions and manner of Sitting Every of these Justices in their several circuits shall be Itenerant twice every year and sit in every of the Shires with their authority by the space of six dayes together at a place certain by them so appointed and upon proclamation of summons to be made 15 dayes before the said sittings Adjournments where all persons requiring Justice may purchase their writs and proceed in their suits And where Adjournments of the causes there depending shall be De die in diem and if the cause can have no end during the sitting then from Sessions to Sessions as the nature of the business shall require and according to the discretion of the said Justices and these sittings are called the great Sessions 34. H 8 cap. 26. ● 33 Pet●y Sessions And if their shall be such multitudes of pleas personal as that they cannot be tryed at the same great Sessions then the issues there in trial shall and may be tried at some Sessions before the Deputy Justice which is therfore called the petty sessions And if any erroneous judgment be given by the said Justices in any real Action the same shall be reversed by writ of error before the Justices of the
Edw. in the life of K. Hen. 8. and yet was that Prince never created Prince of Wales The Keeper of the Princes Ward-robe who sometimes was one Giles Davies and had a patent thereof with a fee of 5 l. 10 s. yearly The Officers that follow are principally necessary besides many other Officers inferiour left out and no doubt did serve the Princes of this Realm although no mention of them of Record The Treasurer or Receiver general of the P. of all his Revenues which appeareth in this That he had his general Exchequer at Westminster The Princes chief Secretary The Master of the Princes horses and those that teach him to ride The School-masters of the Prince as namely those that teach him The Arts and Phylosophy The tongues of French Italian and Spanish c. The Principles of the Laws of the Realm and of the Civil and Ecclesiastical A Note of the Officers both modern and present of the local Principality of Wales which Officers are allowed Fees and other Charges going out of the Principality as doth appear by divers accounts before the Auditors the last year viz. the 44 year of Eliz. Carnarvon Shire The Chamberlain of North Wales in the Counties of Carnarvon Anglesey and Merioneth his fee is 20 l. The Constable of the Castle of Carnarvon his yearly fee is 60 l. 10 s. The Porter of the Town of Carnarvon 3 l. 10 s. The Porter of the Town of Conwey 6 l. 1 s. 8. The Constable of the Town of Conwey 13 l. 6 s. 8 d. The said two Justices are allowed yearly while they are in circuit in the time of the great Sessions 6 l. The two Justices for the Counties of Carnarvon Anglesey and Merioneth each of them having for his yearly fee 50 l. amounting in the whole to the sum of 100 l. The Atturney in the three Counties aforesaid is allowed for his fee yearly 6 l. 6. 8 d. The chief Forrester of Snowdon his fee 11 l. 8 s. 1 d. The Controuller of the pleas fines and redemptions before the Justices of North Wales his yearly fee was 12 l. 3 s. 4 d. The fee of the Marshal and Keeper of the Shire-house in the Counties of Carnarvon Anglesey and Merioneth 2 l. 6 s. 8 d. The Protonotary and Clerk of the great Sessions is allowed for a reward for his labour in ingrossing of the estreets of the Sessions holden in the the said three Counties 3 l. 6 s. 8 d. The Barons of the Exchequer of Carnarvon 13 l. 6 s. 8 d. For their attendance at Carnarvon yearly 40 s. Towards the expences allowed the Clerk of the Exchequer attending the great Sessions in the said Counties of Anglesey and Merioneth for writing of the Original Writs of every Sessions 10 s. For the expences of parchment paper ink and other necessaries spent in the Office of the Clerk of the Crown 1 l. 6. s. 8 d. The Cryer whose yearly fee is 13 s. 48. For expences of paper parchment ink and other necessaries in the Exchequer at Carnarvon and for baggs to put money in 1 l. 10 s. For expence of Bailiffs Itenerant bringing the Writs for colecting of the money by the Receivers 11 s. Summa totalis Carnarvon 303 l. 1 s. 7 d. The Constable of the Castle of Beumarish and Captain of the Town whose yearly fee was 26 l. 13 s. 4 d. The Steward of Meney whose fee was yearly 5 l. The Steward of Rossaire whose fee was 20 s. Summa totalis Anglesey 32 l. 13 s. 4 d. The Constable of the Castle of Hardleigh whose fee was yearly 50 l. The Auditors whose yearly fees are 61 l. 18 s. 4 d. And for their charges they are allowed 90 l. The Receiver whose yearly fee and allowance for portage of money 30 l. 18 s. 6 d. The Surveyor whose yearly fee was 20 l. The Woodward whose fee was yealy 10 l. Summa totalis Merioneth 262 l. 16 s. 10 d. The total sum of North Wales 599 l. 8 s. 5 d. South Wales The Protonotary and Clerk of the Crown in the Counties of Cardigan Caermarthen Pembrock and the Town of Haverford West whose fee is 40 s. The Atturney in the Counties Caermarthen Pembrock Cardigan Brecknoc and Radnor whose yearly fee is 8 l. 13 s. 4 d. The Stewards of the Welsh Courts whose yearly fee is 6 l. The Sheriff of Cardigan whose fee is 5 l. Summa totalis Cardigan 21 l. 13 s. 4 d. The Chamberlain and Chancellor of Caermarthen Caermarthen Shire whose yearly fee is 35 l. 11 s. 8 d. The Cryer of the great Sessions holden in the Counties of Caermarthen Cardigan and Pembrock whose fee is 6 ● 8 d. The Constable of the Castle of Caermarthen whose yearly fee is 20 l. The Steward of the Welsh Courts of the County of Caermarthen whose yearly fee is 10 l. The Justices of the Counties of Caermarthen and Cardigan their yearly fee is to each of them 50 l. and they are allowed for their diet in the times of their great Sessions 5 l. Summa totalis Caermarthen 215 l. 19 s. 8 d. The present revenue of the Principality of Wales as the same was in charge before the Auditors this last year past viz. 44. Elizabeth The Farm and yearly Rents certain of the Manners Lands and Tenements in the County of Carnarvon amounteth unto 423 l. 3 s. 4 d. ob The casual profits thereof 76 l. 19 s. 9 d. ob Summa totalis 500 l. 3 s. q. The Farm and yearly Rents certain of the Lands The County of Anglesey Manners and Tenements in the County of Anglesey 398 l. 19 s. 11 d. q. The casual profits thereof 26 l. 10 s. 10 d. Summa totalis 425 l. 10 s. 9 d. q. The Farm and yearly Rent certain of the Manners Merioneth Lands and Tenements in the County of Merioneth 202 l. 9 s. ob q. The casual profits 60 l. 16 s. 10 d. Summa totalis 263 l. 5 s. 10 d. ob q. Summa totalis of North Wales 1138 l. 19 s. 8 d. q. South Wales The Farm and Rents certain of the County of Cardigan amounted to 213 l 2 s. 2 d. The casual profits thereof 86 l. 9 s. 2 d. Summa totalis 299 l. 11 s. 4 d. The Farm and Rents certain of the County of Caermarthen amounteth to 185 l. 6 s. 3 d. ob The casual profits 180 l. 11 s. 7 d. Summa totalis 376 l. 17 s. 10 d. ob The yearly sum total being cast up together amounteth to 1865 l. 8 s. 10 d. ob q. The charges above specified and other issuing all manner of wayes out of the same revenues amount to 530 l. 6 s. 7 d. Which being deducted out of the former total sum of 1865 l. 8 s. 10 d. ob q. there doth rest clear the yearly sum of 1335 l. 2 s. 3 d. ob q. Whereby may be observed that the Revenues of the principality of Wales which in the time of Prince Edw. called the
said Justice had no jurisdiction in those patts and not being contented to get Timber there for building as well of Ruthlan as of other places but also destroyed the same Woods sold it and carried it into Ireland 4. Item Where the said David took certain Out-lawes and Rovers in the Woods and caused them to be hanged yet the said Justice accused David to the King for succouring and maintaining the Thieves aforesaid which was not like to be true seeing he caused them to be hanged 5. Item It is provided in the peace that all the Welshmen and their causes should be judged after the Lawes of Wales This was in no point observed with the said David and his people Of these aforesaid griefs the said David required often amends either according to the Laws and Customs of Wales or of special favour but he could never obtain any of them both at his hands Further the said David was warned in the Kings Court that as soon as Reginald Grey should come from the Court Good service ill requited the said David should be taken and spoiled of his Castle of Hope his Wood should be cut down and his Children taken for Pledges who seeing he had taken great pains and peril for the King in all his wars as well himself as his people both in England and Wales and had lost thereby the most part of the Nobility of his Countrey and yet nevertheless could obtain neither Justice Amends nor favour at his hands having such great wrongs offered unto him and fearing his own life and his Childrens or else perpetual prison being enforced as it were against his will began to defend himself and his people Griefs and Injuries offered by the King and his Officers to the men of Ros. 1. This is the Form of peace which the King of England did promise the men of Ros before they did him homage which he promised them to observe inviolably That is to say That the King should grant to every of them their Right and Jurisdiction as they had in time of King Henry according as the said men do report that they had in the time of King Henry 2. Item The Lord the King did promise the same men that they should have Justice in their Suites after granting of the which Articles the said men did homage unto the King And then the King promised them with his own mouth faithfully to observe the said Articles This notwithstanding a certain Nobleman passing by the Kings high way with his wife in the Kings peace met certain English Labourers and Masons going to Ruthlan where they did then work A notorious ouragious murther and iniustice committed against the Welsh who attempted by force to take away his wife from him and while he defended her as well as he could one of them killed his wife and he who killed her with his followers were taken and when the kindred of her who was slain required Law at the Justice of Chesters hands for their kinswoman they were put in prison and the murtherers delivered 3. Item A certain man killed a Gentleman who had killed the son of Grono ap Heilyn and was taken but when certain of the kindred required justice before the Justice of Chester certain of them were imprisoned and the Offender set at liberty and justice denied to the kindred A profitable Judge to himself but unjust to the oppressed 4. Item Certain Gentlemen claimed some lands and offered the King a great sum of money to have justice by the Verdict of good and lawful men of the Countrey then the lands being adjudged to the Claimers Reginald Grey took the same lands corn goods and all upon the ground so that they lost their lands money corn and cattel 5. Item It is our right That no stranger should cut our Woods without our leave yet this notwithstanding A hard case there was a Proclamation at Ruthlan That it should be lawful for all other men to cut down our Woods but to us it was forbidden 6. Item Where divers honest men had lands of the gift of the said David the Justice taketh the said mens lands away A slavery worse than Jewish 7. Item When any cometh to Ruthlan with Merchandize if he refuse whatsoever any Englishman offereth he is forthwith sent to the Castle to prison and the Buyer hath the things and the King hath the price then the Souldiers of the Castle first spoil and beat the party and then cause him to pay the Porter and let him go 8. Item If any Welshman buy any thing in Ruthland and any Englishman do meet him he will take it from him and give him less than he paid for it 9. Item The King contrary to his promise made to the men of Ros hath given the Territory of Maynan Penmayn and Lhysuayn 10. Item Certain Gentlemen of the Cantref of Ros bought certain Offices and paid their money for the same yet the Justice of Chester took the said Offices from them without cause 11. Item Grono ap Heilyn took to Farm of Godfrey Marliney the Territory of Maynan and Lhysuayn for the term of four years yet Robert de Cruquer with Horses and Armes and 24 Horsemen came to vex the said Grono so that he had no safe going neither to Ruthlan nor Chester without a great guard of his kindred and friends 12. Item Certain Gentlemen were arrested for trespasses done before the wars and imprisoned and could not be delivered until they had paid 16 Mark which was contrary to the peace concluded 13. Item Our causes ought to be decided after the custome of our Lawes but our men be compelled to swear against their Consciences else they be not suffered to swear Furthermore we spent 300 Marks in going to the King for justice in the aforesaid Articles Sr. Reginald G●ey a cruel Tyrant over the Welsh And when we believed to recover full justice the King sent to our parties the Lord Reginald Grey to whom the King hath set all the land to farm to handle the men of the said Cantref as it pleaseth him who compelled us to * To swear by his hand whereas we should swear by the hand of the King swear in his name whereas we should swear in the Kings name and where the Kings Cross ought to be erected he caused his Cross to be erected in token that he is the very true Lord and the said Reginald at his first coming to those parts of Wales sold to certain servants of the King Offices for 60 Marks which the said servants bought before of the King for 24 Mark which Offices ought not to be sold at the choice of the Lord. 14. Item The King gave Meredyth ap Madoc a Captainship for his service Reginald Grey took it from him neither could he get any remedy at the Kings hand for the same 15. Item One of the Councel of the said Reginald Cynwric Vachan told us by mouth that as soon as the