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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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for the said Oxe 3 s. 4 d. 6. Item Two servants of one named YBongan were spoiled of 2 l. for that they took a Thief that robbed them by night and yet the Thief was delivered 7. Item Eneon ap Ithel was taken beaten and spoiled of two Oxen price 24 s. and 2 d. for this cause onely That the said Oxen went from one street to another in the Town 8. Item Guyan Maystran was spoiled of his money because a certain Merchant of Ardudwy owed them certain things and yet the said Merchant was not of their Baliwicke The Griefs of Grono ap Heilyn 1. A Tenant of Grono ap Heilyn was called to the Kings Court without any cause Then Grono came at the day appointed to defend his Tenant and demanded justice for him or the Law which the men of his Countrey did use All this being denied the said Tenant was condemned in 27 l. 1 d. ob which caused the said Grono to go to London for justice which was promised him but he could never have any where he spent in his journy 15 marks 2. A certain Gentleman was slain who had fostered the son of Grono ap Heilyn and he that killed him was taken and brought to Ruthlan Castle then the said Grono and the kindred of him that was slain asked justice but some of them were imprisoned and the Killer discharged Then Grono went again to London for justice which the King did promise him but he never had any but spent 20 Marks 3. The third time Grono was fain to go to London for justice in the premises where he spent 18 Marks 6 s. 6 d. And then likewise the King promised him that he should have justice but when he certainly believed to have justice Reginald Grey came into the Countrey and said openly that he had all doings in that Countrey by the Kings Charters and took away all the Baliwikes which the King had given to the said Grono and sold them at his pleasure Then the said Grono asked justice of the said Reginald but he could not be heard 4. The said Grono took to Farm for 4 years of Godfrey Marliney Maynan and Lhyffayn then Robert Cruquer came with his Horses and Armes to get the said land by force and for that Grono would not suffer him to have the said lands before his years were out he was called to the Law and then the said Reginald Grey came with 24 Horses to take the said Grono And for that that day they could not have their purpose they called Grono the next day to Ruthlan and then Grono had councel not to go to Ruthlan Then they called him again to answer at Caerwys but the said Grono durst not go thither but by the conduct of the Bishop of St. Asaph for that Reginald Grey was there and his men in Harness 5. For these griefs for the which he could get no justice but labour and expences of 54 Marks and more and for that he durst not in his own person go to the Court he sent Letters one to the King another to his brother Lhewelyn to signifie to the King that he should lose all the favour of the Countrey if he kept no promise with them and so it came to pass because the men of Ros and Englefield could get no justice the King neglecting the correction of these things lost the whole Countrey Humbly sheweth to your Holiness Lord Archbishop of Canterbury Primate of England the Noblemen of Tegengl That when the said Noblemen did their Homage to the Lord Edward King of England the said King promised them to defend them and their Goods and that they should use all kind of Right Priviledge and Jurisdiction which they did use in the time of King Henry by the Grant of the said King whereof they were after spoiled First they were spoiled of their Right and Priviledges and Customs of the Countrey and were compelled to be judged by the Lawes of England whereas the Tenure of that their priviledge was to be judged according to the Laws of Wales at Tref Edwyn at Ruthlan and at Caerwys and the best men of the Countrey were taken because they desired to be judged at Tref Edwyn according to the Tenure of their priviledges by the Laws of Wales 2. Whatsoever one Justice doth his successor doth reverse the same for in Davids case Reginald Grey revoked that which his predecessor confirmed and allowed 3. If he do take any Gentleman of that Countrey he will not let him go upon security which he ought to do 4. If any Gentleman be brought to the Castle of Flint upon a small accusation and his cattel withal they can neither be delivered or have delay until they give the Constable an Oxe and until they pay 3 l. fees to Cynwrick for having of the delay 5. Reginald Grey gave the lands of the men of Merton to the Abbot and Covent of Basingwerk against the Laws of Wales and Custom of the Countrey and contrary to the Form of peace betwixt Lhewelyn and the King that is to say 16 Caratatas terrae 6. The Noble and Best of the Countrey be injured for that the King builded the Castle of Flint upon their ground and the King commanded the Justices to give the men as much good ground or the price but they are spoiled of their lands and have neither other lands nor their money 7. Reginald Grey will not suffer men to cut their own Wood until he have both money and reward and until they pay for it also but permitteth others to cut it down freely which they ought not to do by the Laws and Customs of Wales 8. When the men of Cyrchynan Covenant with the King to give the King half a Meadow upon condition the King should not suffer the Woods to be cut down Howel ap Gruffith being present yet Reginald Grey hath broken the same permitting every man to cut their Woods and spoil them also of their Meadow 9. The same Cynwric ap Grono was taken at Ruthlan and put in prison without any cause at all neither would the Kings Officers deliver him unless he would redeem the gage of a certain woman for the which he was constrained to pay much more than the pawn lay for 10. When the Bailiff of Ruthlan was at a Feast Hicken Lemaile wounded a Gentleman cruelly in the presence of the said Bailiff by occasion of which wound Hicken was condemned in 8 l. and when he which was hurt would have demanded the 8 l. he was put in prison by Hicken 11. The messengers of Reginald Grey attempted an absurdity not heard of and requiring the people of the Countrey to plough his ground and sowe the same and the messengers were Cynwric Says and Hicken Lemayl and the said Cynwric swore openly before the whole company that unless all men should plough Reginald Greys ground they should shortly repent it then the people feared much as in that case any constant man would fear 12. The heirs of
them were created Princes of Wales or whereby any of the Revenues of the said principality were given or conferred unto 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 account of the Duke of Cornwal in the time of the said Edward he is called by the name of prince of England and not by the name of prince of Wales And thus much touching the succession or ranks of the princes of Wales which I have drawn in an Historical though in a plain and homely manner thereby the better to take the harshnesse of the particularities of records intermingled therewith which of themselves although they offer profitable knowledg yet they do carry with them small delight but also for that the variety of things in those succeeding ages in the sundry occurrences and accidents thereof do yield good matter of observance and worthy memory representing as it were the English state for the time of more then 200 years Now therefore do rest nevertheless 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 governed and directed under the said prince Secondly what Officers as well Domestical as others the said princes had about them and their Fees as far forth as I could come to any certain knowledge thereof And thirdly an abstract of the Revenues of the said principality as they lately stood Whereby it may be perceived what in time past the said Revenues have been The manner of Government of the Principality of Wales The said principality being under the government of the princes of the Welsh blood whose ancient patrimony yet remained untill the conquest thereof by K. Ed. I. as hath allready been shewed was guided governed and directed by their own municipal lawes and the customs of the country most of which had their commencement from the constitutions of one of their ancient Princes called Howel Dha as their Historians report but being reduced under the yoak of the said King Edward he divided certain parts of that Territory into Shires he caused the Welsh Lawes to be perused some whereof he did allow and approve some others he did abbrogate and disanul and in their place appointed new altogether according to the English manner of executing Justice He caused to be devised certain briefs writs or formula juris and he instituted their manner of processe pleadings and course of their judicial proceedings All which things do manifestly appear by the Act of Parliament made at Ruthlan in Wales called therefore Statutum Walliae and when they want a writ of form to serve the present case then use 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 were devided into 3 Provinces Northwales Southwales and VVestwales for so in some of the former patents they are mentioned yet for the Jurisdiction thereof it was divided into two parts Northwales and Southwales for a great part of VVestwales was comprehended within the Shire of Pembrock 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 general conquest of Wales by Richard Strongbow being English and the Earle thereof and called also by some Earle of Strigulia or Chepstow or rather Strigul Castle was the first that attempted the conquest of Ireland in the dayes of Hen. II. The Province of Northwales and Southwales were governed by law in this manner The Prince had and used to hold a Chancery and a Court of Exchequer in the Castle of Gaernarvon for Northwales and had a Judge or Justice which ministred Justice there to all the inhabitants of Northwales and therefore was called the Justice of Northwales The like Courts of Chancery and Exchequer he held in the Castle of Caermardhyn for Southwales where he had a Justice likewise called the Justice of Southwales 3. Ed. 3. ●9 in le novel prin 63. a 7. Hen. 35 6. and the Courts of the Justices or Judges so held within the several Provinces were called the great Sessions of those Provinces and sometimes those Justices were Itenerant and sat in every of the several Counties of his province In those great Sessions the causes of greatest moment real personal and mixt and pleas of the Crown concerning life and members were heard and determined Ministers accompts 18. H 7. In these great Courts also upon creation of every new Prince there were granted by the people of that Province unto the Prince nomine recognitionis ad primum adventum principis certain summes of money as it were in acknowledgement or relief of the new Prince which summes of money are called by them Mises these mises or summes of money were granted by the people unto the prince for his allowance of their lawes and antient customes and a general pardon of their offences sinable or punishable by the prince and that summe of those mises for the Shire of Caermardhyn only amounted unto 800. marks and for the Shire of Cardigan the total summe of the mises amounted unto 600 marks as by sundry Records doth appear these summes of money were paid at certain dayes by several portions such as were appointed and in the said Sessions agreed upon Also in every Shire of every the said provinces there were holden certain Inferiour Courts called therefore County Courts and Shire Courts and Tourns after the manner of England and which by some were also called the petty Sessions and there were also Courts inferiour in sundry Counties for ending of causes of lesse moment and importance and if any wrong Judgment were given in any of those leferiour Courts 19. H 6. 12. b. 21. H. 7. 33. a. the same was redressed by a writ of false Judgement in the Court Superiour And if any erroneous judgment were given in the great Sessions which was the supreme Court of Justice that error was either redressed by the judgment of penal Justices Itenerant or else in Parliament and not otherwise in any the Courts of Justice now at Westminster A noble policy of William Conq. good for himself but destructive to the Welsh As touching the government of the Marches of Wales it appeareth by divers ancient monuments that the Counquerour after he had conquered the English placed divers of his Norman Nobility upon the Confines and Borders towards Wales and erected the Earldom of Chester being upon the borders of Northwales to a Palatinate and gave power unto the the said persons thus placed upon those borders to make such conquest upon the Welsh as they by their strengh could accomplish holding it a very good policy thereby not only to encourage them to be more willing to serve him but also to provide for them at other mens costs And hereupon further
Brittain was imprisoned and Edwal Voel the Son of Anarawd and Elise his Brother were slain in a battel which they fought against the Danes and Englishmen This Edwal had six sons Meiric Janaf or Jenan Jago which is James Conan Edwal Vachan and Roderick after whose death Howel Dha his Cosin German ruled all VVales during his life Elise also had Issue Conan and a Daughter named Trawst which was Mother to Conan ap Sitsylht Gruffith ap Sitsylht and Blethin ap Covyn which two last were afterwards Princes of VVales Howel Dha This Howel Dha King or Prince of Southwales and of Powis long before this time after the death of Edwal Voel his cosin took upon him the rule and government of all VVales about the year of Christ 940. who notwithstanding the sons of Edwal did something murmur against him was for his godly behaviour discreet and just rule beloved of men This Howel constituted and made Laws to be kept through his Dominions which were used in Wales till such time as the Inhabitants received the laws of England in the time of King Edward the First and in some places thereof long after These laws are to be seen at this day both in VVelsh and Latine Howel Dha perceiving the laws and customes of his country to have grown unto great abuse sent for the Arch-Bishop of Menenia and all the other Bishops and chief of the Clergy A pious example for all Princes to the number of one hundred and forty Prelates and all the Barons and Nobles of VVales and caused six men of the wisest and best esteemed in every Comote to be called before him whom he commanded to meet altogether at his house called Y Tuy Gwyn Taf that is The white house upon the River Taf. Thither he came himself and there remained with those his Nobles Prelates and Subjects all the Lent in prayer and fasting craving the Assistance and direction of Gods holy Spirit that he might reform the Laws and Customes of the Country of VVales to the honour of God and quiet government of the people About the end of Lent he chose out of that company twelve men of the wisest gravest and of the greatest experience to whom he added one Clerk or Doctour of the lawes named Blegored a singular learned and perfect wise man These had in charge to examine the old lawes and customes of Wales and to gather of such as were meet for the government of the Country which they did retaining those that were wholesome and profitable expounding those that were doubtful and ambiguous and abrogating those that were superfluous and hurtful and so ordained three sorts of Laws The first for ordering of the King or Princes Houshold and his Court. The second of the affairs of the Country and Common-wealth The third of the special customes belonging to particular places and persons Of all the which being read allowed and proclamed he caused three severall books to be written one for his dayly use to follow his Court an other to lye in his Palace at Abersfrew and the third at Dinevour that all the three Provinces of Wales might have the use of the same when need required The King and Princes of Brittain much observant of the See Apostolike And for the better observation of these lawes he procured of the Archbishop of St. Davids to denounce sentence of excommunication against such of his Subjects as refused to obey the same whithin a while after Howel because he would omit nothing that could bring countenance and authority to his said laws went to Rome taking with him the Archbishop of St. Davids the Bishop of Bangor and Asaph and thirteen other of the learnedst and wisest men in VVales where the said lavves being recited before the Pope vvere by his authority confirmed then having finished his devoted pilgrimage he returned home again vvith his company 1. By these lawes they might not morgage their lands but to one of the same family or kindred which were de eadem Parentela 2. Every tenant holding of any other then his Prince or Lord of the Fee paid a fine pro defensione Regia which was called Arian Ardhel in Latine Advocarii 3. No Legacy of goods by Will was good otherwise then those which were given to the Church to the Lord of the Fee or for payment of debts 4. Every man might destrain as well for debts as for rent of Lands any goods or Cattel saving horses which were counted to serve for a mans necessary defence and were not destrainable without the Princes licence 5. Causes of Inheritance were not heard or determined but from the ninth of November till the ninth of February or from the ninth of May until the ninth of August the rest of the year was counted a time of vacation for sowing in the spring and reaping in the harvest This also is to be observed that all matters of inheritance of Land were determined and adjudged by the King or Prince in person or his special Deputy if he were sick or impotent and that upon the view of the said Land calling unto him the Freeholders of the same place two Elders of his Councel the Chief Justice attending alwaies in the Court the ordinary Judge of the Country where the Land lay and the Priest The manner of their proceeding was thus the King or Prince sat in his Judicial seat higher then the rest with an Elder on his right hand and an other on his left and the Freeholders on both sides next unto them which for this cause as I think were called Vchelwyr Before him directly a certain distance off and a little lower sat the Chief Justice having the Priest on his right hand and the ordinary Judg of that Countrey on the left The court being set the Plaintiff came in with his Advocate Champion and Rhyngyth and stood on the right side and last of all the Witnesses on both parties came which stood directly before the Chief Justice at the lower end of the Hall untill they were called up to testify the truth of their knowledge in the matter in varitance The figure of which I thought good here to lay down as ye see Vnderneath Uchelwyr An Elder The King An Elder Uchelwyr The Priest THE Chief Justice The Judge The Defendant   The Plaintiff Rhyngyth   Rhyngyth Advocate   Advocate Champion The VVitnesses Champion After the hearing of this book read the depositions of the witnesses and full pleading of the cause in open Court upon warning given by the Rhyngyth the chief Justice the Priest and the Ordinary Judge withdrew themselves for a while to consult of the matter and then secundum Allegata probata brought their verdict the Court sitting Whereupon the King or Prince after consultation had with the Elders or Seniors which sat by him gave definitive sentence except the matter was so obscure and intricate that right and truth appeared not in the which case it was tryed by the two Champions and so
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
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
the Gate of Conwey his fee was 4 d. per diem The Constable of the Castle of Hardlaigh in the County of Merioneth his fee yearly was 26 l. 13 s. 4 d. in some accounts he was allowed 50 l. which I think was of both Offices of Constable and Captain 26 l. 13 s. 4 d. Souldiers There were also allowed 24 Souldiers for the Guard of the said Town and Castle of Hardlaigh their wages amounting yearly to 146 l. Constable Captain The Constable of the Castle of Beumarish his yearly fee was 40 l. The Captain of the Town of Beumarish his yearly fee was 12 l. 13 s. 4 d. There were also 24 Souldiers allowed for the Guard of the said Town and Castle of Beumarish every of which were allowed 4 d. per diem amounting to 146 l. Porter Forrester The Porter or Keeper of the Gate of Beumarish had for his fee 9 l. 2 s. 6 d. The chief Forrester of the Forrest of Snowdon his fee 11 l. 8 s. The Office of the Steward of the Towns of Newborough and Roffaire his fee was yearly 10 l. The Marshal and Keeper of the Justice house in the Town of Carnarvon his yearly fee was 26 s. 8 d. The Clerk of the great Sessions I find not Exchequer There was a Court of Exchequer of the Princes Revenues for North Wales holden in the Castle of Carnarvon in which Court there were certain fees allowed for the expences of Parchment Paper Bags for Money and for Portrage of Money and such other small charges which were variable according to the occasions and times South Wales Justice The Justice of South Wales whose antient fee was yearly 20 l. at sometimes 46 l. The Auditor of South Wales Auditor his antient fee was yearly 40 l. but sometimes his fee was but 20 l. 5 s. per diem whiles he exercised his Office The Atturney of South Wales who had yearly for his fee 8 l. 13 s. 4 d. Atturney Constable Sheriff Steward The Constable and Usher of the Castle of Caermarthen whose yearly fee was 20 l. The Sheriff of the County of Caermarthen whose fee was yearly 50 s. The Steward general of the Comotts of the County of Caermarthens fee 6 l. 13 s. 4 d. The Clerk of the County Courts and small Sessions in the County of Caermarthen his yearly fee 40 s. The Cryer of the County Courts and small Sessions in the said County whose fee is yearly 6 s. 8 d. The Steward of the Welsh Courts in the County of Caermarthen his fee 6 l. 13 s. 4 d. Steward Penkeys Steward Clerk Bailiff Bailiff Constable Sheriff Clerk The Office of the Penkeyes in the Comots Widegada and Elvet his fee 4 s. The Steward of the Welsh Courts of Widegada and Elvet his yearly fee 3 l. 6 s. 8 d. The Clerk of the Welsh Courts of Widegada and Elvet whose yearly fee 6 s. 8 d. The Bailiff Itenerant for Caermarthen whose yearly fee was 5 l. The Bailiff Itenerant for Cantred whose yearly fee was 6 l. 13 s. 4 d. The Constable of the Castle of Cardigan whose antient fee was yearly 40 l. The Sheriff of the County of Cardigan whose yearly fee was 5 l. The Clerk of the County Courts Tornes and small Sessions of the County of Cardigan his yearly fee was 40 s. The Cryer of the County Courts and small Sessions in the said County Cryer his fee 6 s. 8 d. The Clerk of the Hundreds in Cardigan his yearly fee was 6 s. 8 d. Clerk Steward Clerk The Steward of the Welsh Courts in the County of Cardigan his fee was 10 l. The Clerk for writing the Rolls in the Welsh Courts his yearly fee was in the County of Cardigan 6 s. 8 d. The Bailiff Itenerant of Cardigan his antient fee was yearly 5 l. Bailiff Bailiff Captain The Bailiff Itenerant of Lampaderne his yearly fee was 6 l. 13 s. 4 d. The Captain of the Town of Aberystwyth his yearly fee was 18 l. 5 s. he was allowed 12 Archers for the custody of the said Town and Castle The Escheator for the two Shires of Caermarthen and Cardigan Escheator his fee was yearly 10 l. The Clerk of the great Sessions for both the Counties of Caermarthen and Cardigan Clerk his yearly fee was 5 l. There was a Court of Exchequer likewise Exchequer for the Revenues of the Prince of South Wales kept in the Castle of Caermarthen and yearly allowance for the expences thereof as in the Province of North Wales By this it appeareth that the Province of South VVales chargeable to the Prince extended for the most part into the two Counties of Caermarthen and Cardigan the rest of South VVales as Munmothshire and Glamorgan c. were in the hands of others The reason of the difference of the Officers that were in South VVales from those that were in North VVales was North Wales was divided in Counties and framed into Shires and ordered according to the English Laws by the Statute made at Ruthlan called Statutum Wallioe often before mentioned made in the time of King Edw. 1. whereas South VVales nevertheless remained governed in some things according to the VVelsh Laws and Customs even until the said Statute made in an 27. H. 8. Thus much concerning the Offices of both Princes of North VVales and South VVales The Prince of VVales had also divers and sundry Officers about his person and of his houshold which were these that follow out of Records where mention is made of them The Councel of the Prince consisting of divers honourable The Councel Governour worshipful and learned persons to Councel for the leasing and good disposing of his Revenues The Governour of the Prince his person to whom the Education and Institution of the young Prince was committed such was the Lord Rivers unto Prince Edw. son to King Edw. 4. wherein also the Queen Mother to the Prince had a special interest for few things were done concerning the Prince without her privacy and advice The Chamberlain to the Prince Chamberlain 21 Edw. 1. pat part 2. it appeareth that Richard de la Beere was Chamberlain to the Black-Prince son and heir of King Edw. 3. and Sr. Thomas Poole was chief Chamberlain to Prince Arthur so was Thomas Vaughan to Prince Edw. son to King Edw. 4. The Atturney General to the Prince VVilliam Rudhall The Atturney 11 Edw. 4. pat part 1. Clerk was sometimes Atturney to the Prince The Clerk of the Prince his Councel or Secretary and Keeper of his Books Writings and Records his fee was 10 l. per annum and his diet one Thomas Tamworth had this Office The Usher of the Councel-chamber of the Prince his fee was 10 l. per annum and his wages for attendance of the Councel there one Thomas Ferris sometimes had this Office The Gentleman Usher of the Princes private chamber Sr. Thomas wroth had this Office to P.
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