to serue the present case then vse they the writ of Quod ei deforciat which supplieth that defect And although the Principality of Wales as hath appeared by some of the records aboue mentioned were diuided into three Prouinces Northwales Southwales and Westwales for so in some of the former patents they are mentioned yet for the Iurisdiction thereof it was diuided into two parts Northwales and Southwales for a great part of Westwales was comprehended within the Shire of Pembrooke which is a very ancient Shire of Wales and the Territory thereof conquered by the English in the time of William Rufus Long time before the generall conquest of Wales by Richard Strangbow being English and the Earle thereof and called also by some Earle of Strigulia or Chepstow was the first that attempted the conquest of Ireland in the dayes of Henry the second which was aboue an hundred yeeres before the conquest of Wales by King Edward the first This Earledome of Pembrooke had in ancient time palatine Iurisdiction and therefore in some records is called regalis comitatus Pembrochiae The Prouinces of Northwales and Southwales were gouerned for Law in this manner The Prince had and vsed to hold a Chancery and a Court of Exchequer in the Castle of Carnarvon for Northwales and had a Iudge or Iustice which ministred Iustice there to all the Inhabitants of Northwales and therefore was called the Iustice of Northwales The like Courts of Chancery and Exchequer he held in the Castle of Carmarthen for Southwales where he had a Iustice also called the Iustice of Southwales and the Courts of their Iustices or Iudges so held within their seuerall Prouinces were called the great Sessions of those Prouinces and sometimes these Iustices were itinerant and sate in euery of the seuerall Counties of his Prouince in these great Sessions the causes of greatest moment reall personall and mixt and pleas of the Crowne concerning life and members were heard and determined In these great Courts also vpon creation of euery new Prince there were granted by the people of that Prouince vnto the Prince nomine recognitionis ad primum adventum principis certaine summes of money as it were in acknowledgement or reliefe of the new Prince which summes of money are called by them Mises These Mises or summes of money were granted by the people vnto the Prince for his allowance of their Lawes and ancient Customes and a generall pardon of their offences fineable or punishable by the Prince and that summe of these Mises for the Shire of Carmerthen only amounted vnto eight hundred markes and for the Shire of Cardigan the totall summe of these Mises amounted vnto sixe hundred markes as by sundry records doth appeare these summes of mony were paid at certaine daies by seuerall portions such as were appointed and in the said Sessions agreed vpon Also in â—uâ—ry Shire of euâ—ry of the said Prouinces there were holden certaine inferior Courts called therefore County Courts and Shire Courts and Tournes after the manner of England and which by some were also the petty Sessions And there were also Courts inferior in sundry Counties for ending of causes of lesse moment and importance and if any wrong iudgement were giuen in any of these Courts inferior the same was redressed by a writ of false iudgement in the Court superior And if any â—rronious iudgement were giuen in the great Sessions which was the supreme Court of Iustice that error was either redressed by the iudgement of penall Iustices itinerant or else in the Parliament and not otherwise in any the Courts of Iustice now at Westminster As touching the gouernment of the Marches of Wales it appeareth by diuers ancient monuments that the Conqueror after hee had conquered the English placed diuers of his Norman Nobility vpon the confines and borders towards Wales and erected the Earldome of Chester being vpon the borders of Northwales to Palatine and gaue power vnto the said persons thus placed vpon those borders to make such conquests vpon the Welsh as they by their strength could accomplish holding it a very good policy thereby not only to encourage them to be more willing to serue him but also to prouide for them at other mens costs And hereupon further ordained that the lands so conquered should be holden of the Crowne of England in capite and vpon this and such like occasions dâ—uers of the Nobility of England hauing lands vpon the said borders of Wales made roades and incursions vpon the Welsh whereby diuers parts of that Country neere or towards the said borders were wonne by the sword from the Welshmen and were planted partly with â—nglish Collonies and and the said lands so conquered were holden per Baronia and were called therefore Baronyes Marchers In such manner did Robert Fitzhamoâ— acquire vnto himselfe and such others as assisted him the whole Lordship of Glamorgan vsâ—â—g in some resemblance the Roman policy to enlarge Territories by stepping in betweene two competitors and by helping the one hee subdued the other and after â—urning his â—word against him whom he assisted and making this the pretence of his quarrel alleadge that he whom he had assisted had denied to make vnto him sufficient recompence for his susteined trauils and so made himselâ—e abso'ute owner of all likewise Barnard Newmarch conquâ—â—ed the Lordship of Brecknock containing three Cantreds and established his conquest by a mariage in the Welsh blood Hâ—gh Lacy conquered the lands of Ewyas called after his name Ewyas Lacy and others did the like in other places of the borders all which were Baronies Marchers and were holden by such the Conquerors thereof in capite of the Crowne of England and because they and their posterity might the better keepe the said Lands so acquired and that they might not bee withdrawne by suits of Law from the defence of that which they had thus subdued The said Lordships and Lands so conquered were ordained Baronies Marchers and â—ad a kinde of Palatine â—urisdiction erected in â—uâ—ry of them and power to administer Iustice vnto their Tenants in euery of their Territories hauing therein Courts with diuers priuiledges franchises and immunities so that the Writs of ordinary Iustice out of the Kings Courts were for the most part not currant amongst them Neuerthelesse if the whole Barony had come in question or that the strife had beene two Barons Marchers touching their Territories or confines thereof for want of a Superiour they had recourse vnto the King their supreame Lord and in these and such like cases where their owne Iurisdiction failed Iustice was vnministred vnto them in the Superiour Courts of this Realme And this was the state of the gouernement of the Marches of Wales both before and after the generall Conquest of Wales made by king Edward the First as hath beene declared vntill the seauen and twentieth yeere of King Henry the Eight And as touching the first
there with the appurtenances 3 The Castle Borough and Mannor of Tyntagell if histories doe not fable this is supposed to bee the place of birth and Seat of King Arthur 4 The Castle and Mannor of Restormell with the parke there 5 The Mannor of Clymesland and Parke of Kerrybollock 6 The Mannor of Tibesta with the Bayliwick of Powdershire 7 The Mannor of Tewynton with the appurtenances 8 The Mannor and Borough of Helston in Kerier with the appurtenances 9 The Mannor of Moresk with the appurtenances 10 The Mannor of Trewervaile also Tywervaile with the appurtenances 11 The Mannor of Penkneth with the appurtenances 12 The Mannor of Peulyn with the Parke there 13 The Mannor of Relaton also Rillaton with the Beadlery of Eastwyveâ—shire 14 The Mannor of Helston in Trigshire with the appurtenances and the Parke of Hellesbury 15 The Mannor and Borough of Leskeret also Liskerd and the Parke there 16 The Mannor of Kallestock with the fishing there and other his appurtenances 17 The Mannor of Talskydo with the appurtenances in the said County of Cornwall 18 The Borough or Towne of Lostwythiell together with the Milles. Devonshire 19 The fee farme of the City of Exeter 20. l. per annum 20 The Mannor of Lydford with the appurtenances together with the Chace of Dartmore 21 The Mannor and Borough of Braduish 22 The water and Riuer of Dartmouth In diuers other Shires dispersedly 23 The Castle of Wallingford with the Hamlets and members thereof and the yeerely farme of the Towne of Wallingford with the honors of Wallingford and Saint Valeries in the County of Oxford and in all other Counties wheresoeuer the said honours doe lie 24 The Castle Mannor and Towne of Barkhampsted with the Parke there and together with the honour of Barkhampsted in the Counties of Hertford Buckingham and Northampton 25 The Mannor of Byflet with the appurtetenances in the County of Surry 26 The Castle and Mannor of Meere in the County of Wiltshire 27 The Castle and Mannor of Knaresborugh with his Hamlets and members together with the honour of Knaresbury and York and elsewheresoeuer the said honors doe lie 28 The Mannor of Isleworth in the County of Middlesex 29 The Mannors of Kenmigton and Franckshall together with a meadow in Lambeth and Newton in the County of Surry 30 The Mannor of Rising with the appurtenances in the County of Norfolk and the fourth part of the Talbot of Linne with the appurtenances in the said County 31 The Mannor of Chisiemore and fourescore and eighteene pounds six shillings and eight pence rent with the appurtenances in the City of Coventry which were then in lease to the Queenes mother for her life And thus much concerning the reuenew locall and annuall of this Dutchy of the first kinde according to the former proposed diuision being the first inheritance giuen thereunto and which is so annexed to this Dutchy by the words of the said Charter as that by the intent thereof it should in no case be aliened therefrom As concerning the reuenew locall and annuall of this Dutchy of the second kinde the said King Edward the third for further increase of the said Dutchy by his Charter bearing date the said 11 th yeere of his reigne did giue vnto the said Duke in such manner as is aforesaid All his Knights fees which hee then had in the said County of Cornwall with all wards Escheates forfeitures profits and commodities whatsoeuer thereunto belonging which fees hee also annexed vnto the said Dukedome by the words of the said letters patents as that the same should in no wise by the intention of that patent be seuered from the same Howbeit some difference may bee conceiued in Law as touching the value of such annexation made by letters patents only and the former annexation by letters patents which were confirmed or strengthned by act of Parliament concerning the power and ability of aliening and disannexing the same from the Dutchy The last branch of the reuenewes locall and annuall belonging to this Dutchy are such Mannors Lands and Hereditaments as haue beene giuen by act of Parliament and annexed vnto the said Dutchy in liew of other lands that by act of Parliament were formerly taken from the same And therefore whereas by the former letters patents hath appeared the Mannors of Isleworth in the County of Middlesex was giuen and annexed by King Edward the third vnto the said Dutchy King Henry the fift hauing afterwards founded the Monastery which hee called Syon neere adioyning to the said Mannor did by an act of Parliament in the ninth yeere of his reigne seuer the said Mannor of Isleworth from the said Dutchy and conferred the same vnto the said Monastery and in liew thereof by the same act of Parliament gaue and annexed to the said Dutchy the Mannor of Curry Mallet Stoke Vnder Hamden Milton Fawconberge Stratton vpon Fosse Inglesoome Norton with Welweyton Widcome Farrent Lauerton and the moyty of the Mannor of westharptrâ—e and Sheptonmallet with their appurtenances in the County of Somerset the Mannor of Ryme with his appurtenances in the County of Dorset and also the moyty of the Mannors of Maydencot in the County of Barkshire and of Magor in the Marches of Wales and the fourth part of the Mannor of Sellings in the County of Kent All which premisses did exceed the value of the Mannor of Isleworth yeerly two hundred pounds which doth appeare aswell by the said act of Parliament made in the ninth yeere of King Henry the fifth as also by one other act of Parliament made in the three and thirtieth yeere of King Henry the fixt wherein the said former act of Parliament is mentioned Likewise King Henry the eight at his Parliament holden at VVestminster the one and thirtieth yeere of his reigne and proroged vpon diuers prorogations vntill the foure and twentieth day of Iuly in the two and thirtieth yeere of his reigne did seuer the honor and Castle of Walling ford and all Lordships Mannors Lands Tenements and other hereditaments thereto belonging from the Dutchy of Cornwall being moued thereunto for that the said Castle and honor is neere adioyning vnto the Mannor of Newelme which was by the said Act of Parliament made an honour and therefore for the commodious scituation and vicinitie thereof the said King did seuer the same from the said Dutchie and made it parcell of the said honour of Newelme whereof hee was then seised in the right of his Crowne and in liew thereof there were giuen and annexed vnto the said Dukedome the Mannors of VVestanton Portlow North-hill Portpighan Laudren Triloweia Treganoe Trelagan Crosthole Treuitherne Courtney Landulph Leighdurant and Tinton in the Countie of Cornewall and all other his Lands in the said places which came to the said King by the attainder of Treason of Henry Courtney Marquesse of Exceter Also the Mannors of Anstell Fentregan Tremeynalls Tremageuon Fowey Credyowe and Portheaprior in the said Countie of Cornewall which came to
Iustice and a Chancery Forests Chaces Parkes Woods Warrens Hundreds Comots c. and all other Hereditaments as well vnto the said Principalitie as vnto the said King in those parts then belonging To have and to hold the same vnto the said Prince and his heires Kings of England This lymitation of Estate of this Principalitie vnto the Prince and his heires Kings of England may seeme strange to our moderne Lawyers For how is it possible that the Kings of England can inherit the Principalitie sithence the Principalitie being the lesser dignitie is extinguished in the Kingly estate being the greater for in Praesentia maioris cessat id quod minus est Forasmuch as the Heire apparant of the Crowne being Prince is presently vpon the death of his auncester Eo instante in himself King and the Principalitie as the lesser not compitable with the Kingdome being the greater But when I consider that this age wherein this Charter was penned was a learned age of Iudges and Lawyers by whose aduice no doubt in a matter of this importance this Charter was penned and this age much commended for exquisit knowledge of the Laws by those learned men that liued in the Succeeding times I cannot but thinke reuerently of Antiquity although I cannot yeeld sufficient reason of their doings therein For I am taught by Iulianus that learned Roman Lawyer Non omnium quae a maioribus constituta sunt ratio reddi potest Wherof also Naratius there yeeldeth a reason Etideo rationes eorum quae constituuntur inquiri non oportet alioquin multa ex ijs quae certa sunt subuerterētur Neuertheles forasmuch as al the Charters in the ages following made to the Prince doe hould the same manner of lymitation of estate I am perswaded some mystery of good policy to lye hidden therein which as I conceaue may be this or such like The Kings of England thought to conferre vpon their Prince and Heire apparant an estate of fee simple in the lands that they bestowed vpon him for a lesser then an Inheritance had not beene answerable to so greate a dignitie And yet they were not willing to giue him any larger estate then such as should extinguish againe in the Crowne when he came to bee King or dyed for that hee being King should also haue the like power to create the Prince ce of his Heire apparant and to inuest him into that dignitie as he being the father was inuested by his Progenitor For the wisdome of the Kings of England was such as that they would not depriue them selues of that honour but that euery of them might make new Creations and inuestures of the Principalitie to their eldest sonne or next succeeding Heire apparant and that those Lands so giuen vnto the Prince might when he was King be annexed knit and vnited againe to the Crowne and out of the Crowne to be of new conferred which could not so haue been if those Lands had been giuen to the Prince and his Heires generalls for then the Lands so giuen would haue rested in the natural person of the Princes after they came to the Kingdome distinct from the Crown Lands might as the case should happen discend to others then those which were his Heires apparant to the Crowne And herein I do obserue a difference between the Principalitie of Wales giuen to the Prince and the Dutchie of Cornwall giuen vnto him For euery Prince needeth and soe hath had a new Creation and Inuesture But he is Duke of Cornewall as soone as he is borne if his Auncester be then King of England and if not he is Duke of Cornwall Eo instante that his father is King of England as shall be more euidently proued hereafter by matter of Record when I shall come to speak of the Dutchy of Cornwall The said King also by another Charter dated the twentieth of September in the said seauenth yeere of his raigne granted vnto the said Prince all arrerages of rents duties accompts stocks stores goods and chattels remaining in all and euery the said parties due or of right belonging vnto the King and thereupon the Prince accordingly was possessed by virtue of these Charters of all these aforesaid It resteth here that we set down the totall annuall value of the said Principality of Wales by itselfe as it appeareth vpon a diligent survey thereof taken in his fiftieth yeere of the reigne of the said King Edward the Third of England and in the seuen thirtieth yeere of his reigne of France The Suruey of the Principality of Wales is drawne out of a long Record and to avoide tediousnesse the value of the Reuenewes of euery County or Shire is here set downe and then the totall of the whole omitting the particulars of euery Manour Lordship Towne or other profit in euery of the said Counties The setting downe whereof at large would haue been exceeding cumbersome and intricate It is therefore in this manner The Prouince of Northwales The summe totall of the Princes reuenewes in the County or Shire of Carnaruon 1134. l. 16. s. 2. d. ob q. The summe totall of the reuenewes of the Prouince in the County of Anglesey 832. l. 14. s. 6. d. ob q. The summe totall of the reuenewes in the County of Merioneth amounteth vnto 748. l. 11. s. 3. d. ob q. The perquisits and profits of the Sessions of the Iustices of Northwales The summe totall of all the former reuenewes in Northwales amounteth vnto 3041 l. 7. s. 6. d. q. Whereof deducted for the yeerly fee of the Iustice of Northwales and so there remained the summe of 3001. l. 7. s. 6. d. q The Prouince of Southwales The summe totall of the yeerly reuenew of the Prince-in the County of Cardigan 374. l. 11. s. 3. d. q. The summe totall of the yeerly reuenew of the Prince arising in the County of Carmarthen 406. l. 1. s. 7. d. The fee farme of Buelt 113. l. 6. s. 8. d. Montgomery 56. l. 13. s. 4. d. Perquisits and profits of the Sessions of the Iustices of Southwales 738. l. 6. s. 9. d. ob Perquisits of the Courts of Hauerford 41. l. 5. s. 3. d. ob The summe totall of the reuenew in Southwales 1730. l. 4 s. 11. d. ob Out of which deducted for the fee of the Iustice of Southwales fifty pounds there then remaineth 1680. l. 4. s. 11. d. q. The totall of all which the reuenewes of the Principality of Wales cast vp in one intire summe together 4681. l. 12. s. 5. d. q. This Survey was made vpon this occasion as it seemeth after the death of the Prince called the Black Prince the Princesse his wife was to haue her dower to be allotted vnto her out of those Reuenewes which could not bee without an extent and suruey thereof first had by Commissioners thereunto appointed And because the yeerly value of the said reuenewes by reason of the sundry casuall profits thereof were more or
lesse yeerly and not of one certaine value the Commissioners obserued this course they did make choice of three seuerall yeeres viz. 47. and 48. and 49 of E. 3. and did take out of the seuerall profits of those yeeres and did cast them all into one summe which they againe diuided into three equall parts esteeming only of the said three parts to be the iust yeerly value of the said reuenewes communibus anâ—iâ— that is one yeere with another And in this accompt we finde no other charges or reprizes allowed then the Iustices fees only This survey and accompt made aboue 200. yeeres past is here inserted to the end it might appeare what the reuenew of this Principallity alone was besides the Dutchy of Cornwall and Earledome of Chester neere the first certaine erection thereof in the hands of that worthy Prince commonly called the Black Prince The said Prince of Wales surnamed the Black Prince being also Duke of Aquitane Guies and Cornwall and Earle of Chester after many fortunate victories atchieued by him hauing subdued a great part of France and hauing taken Iohn the French King prisoner at Poyteers in France and after that also hauing vanquished Henry at Naue-roit in Spaine and restored Peter King of Arragon he died in Iune being then about the age of forty six yeeres and in the fiftieth yeere of the reigne of his father King Edward the Third leauing behinde him Richard his sonne and heire borne at Burdeaux and thereof surnamed Richard of Burdeaux This Richard surnamed of Burdeaux sonne and heire of the said Edward the Black Prince after the death of his father was created by his grandfather King Edward the Third to bee Prince of Wales at Havoring at the Bower in the County of Essex the twentieth day of Nouember in the fiftieth yeere of the reigne of the said King Edward the third the said Richard then being about the age of eleuen yeeres and vpon Christmas day then next following the said King Edward the third caused the said Prince being his Nephew to sit at his table in high estate aboue all his vncles being the Kings sonnes as representing the personage of the heire apparant to the Crowne and gaue to him the two parts of all the said Principalitie Counties Lordships Castles and the most of the said Lands which belonging to the said Blacke Prince and the reuersion of the third part thereof the possession of the third part thereof then being to the mother of the said Prince Richard for her dowry with a hundred thirteene pound sixe shillings eight pence yeerely rent payable by the Earle of March as a fee farme for the Lordship and Lands of Beult and eighty fiue markes for the fee Farme of the Castle Lordship and Land of Montgomery with the vacations of Bishoprickes excepting the fees of the Baron Marches of VVales which doe alwaies hold of the Crowne in Capite and excepting the auoydance of the Bishopricke of S. Dauids in VVales which anciently also belonged to the Crowne with the like limitation of estate viz. To the said Prince Richard his heires Kings of England It seemeth that these Lordships of Beult and Montgomery being formerly granted to Edward the blacke Prince were before this time giuen away in fee farme rendring the rents here spoken of After the death of the said King Edward the Third which was in the 51. yeere of his raigne the kingdome of England descended vnto the said Richard being his grandchilde and he was Crowned King thereof by the name of King Richard the Second and in the three and twentieth yeere of his raigne he resigned his kingdome or rather more truely was deposed against his will and after by a violent death departed this life without issue Henry of Bullinbrooke Duke of Lancaster and Hereford Earle of Darby Leicester and Lincolne sonne and heire to Iohn of Gaunt fourth sonne to King Edward the Third raigning in his stead Henry of Bullingbrooke by the name of King Henry the Fourth by his Charter dated at Westminster the fifteenth day of October in the first yeere of his raigne created Henry his eldest sonne surnamed of Munmouth Prince of Wales and inuested him with the said Princely ornaments viz. the Chaplet Gold-Ring and Rod or Verge of gold To haue and to hold vnto him and his heires Kings of England And by one other Charter of the same date gaue vnto him and to his heires Kings of England the said Principalitie with the Lordships Castles and Lands before mentioned in the Chartermade to the Blacke Prince together with foure Comots in the Countie of Carnaruon viz. the Comots of Isaph Vghaph Nanconeway and Grewthyn not named before and the reuersion of the Lordship of Hauerford with the prices of Wines there and of the Lordships Newyn and Pughby in North-wales which Thomas Percy Earle of Worcester then held for tearme of his life of the demise of King Richard the Second together also with the reuersion of the County and Lordship of Anglesey in North-Wales and the Castle of Bewmarris and the Comots Lands Tenements and Hereditaments belonging thereunto which Henry Percy sonne of the Earle of Northumberland then held for terme of his life of the demise of the said King Henry the Fourth and by an Act of Parliament made in the first yeere of King Henry the Fourth whereby the Dutchie of Lancaster is seuered from the Crowne of England The Stile of the said Prince is declared to be this Prince of Wales Duke of Aquitane of Lancaster and of Cornwall and Earle of Chester For the said King Henry the Fourth hauing beene himselfe Duke of Lancaster before his assumption of the Crowne and knowing that the name of Duke being an inferiour dignity would extinguish and bee surrounded in the Crowne as in the Superiour desired as by that Act of Parliament appeareth not onely to separate the said Dutchie of Lancaster and the lands thereof from the Crowne to the intent he might still hold the said Dutchie as his ancient Patrimony if he were put from the Crowne being but his new acquired dignity but also to preserue the said stile title and name of Duke of Lancaster in his posterity which as the said act affirmeth his Ancestors had so worthily borne and sustained Afterwards the said Henry the Fourth died in the fourteenth yeere of his raigne and the said Henry of Munmouth Prince of Wales succeeded him in the kingdome by the name of King Henry the Fift who also in the tenth yeere of his raigne died leauing Henry his sonne behinde him being an Infant of the age of tenne moneths who by reason of his tender age was not as by any record extant can be proued euer created Prince but was proclaimed King immediately after the death of his father by the name of King Henry the Sixt. King Henry the Sixt by the aduice and counsell of his Lords spirituall and temporall giuen to him in his Parliament holden in the thirtie one
Also there was a Charter of the grant of the lands of the said Principality Earldome of Chester and Flint dated the twenty seuenth of February in the said fift yeere of the said King made vnto the said Prince The said King Henry the seuenth by his Charter bearing date the twentieth day of March in the eight yeere of his reigne did constitute and appoint the said Prince Arthur to bee his Iustice in the County of Salope Hereford Glocester and the Marches of Wales adioyning to the said Shires to enquire of all liberties priuiledges and fraunchises being possessed or claimed or which then after should be possessed or claimed by any person or persons and which were to bee seized into the Kings hands and of all escapes and fellons and those Inquisitions so from time to time to be taken to certifie into the Chancery And by the same Charter gaue him power to substitute and appoint others vnder him for the better execution of the same which after wards by commission was executed accordingly And the said King also by his Charter bearing date the fourteenth of Iune in the eight yeere of his reigne made and constituted the said Arthur Prince of Wales and Gouernor and Warden of the Marches of England towards Scotland and substituted as his Lieutenant and vice-warden vnder him Thomas Earle of Surrey for the due execution thereof Likewise the said King by his letters patents dated the fift day of Nouember in the ninth yeere of his reigne in augmentation of the reuenew of the Prince did grant vnto the said Prince the honor Castle and Lordship of Wigmore and diuers other Castles Mannors and Lands which sometime had beene belonging to the Earledome of March which came to the Crowne by King Edward the fourth who was himselfe Earle of March before he assumed his regall estate To haue and to hold during the pleasure of the King yeelding yeerly the rent of two hundred pounds This Prince was sent into the Marches of Wales for the gouernment of that Country and in the seuenteenth yeere of the reigne of the said King his father had a Councell of very wise and worthy persons assigned vnto him as namely Sir Richard Poole chiefe Chamberlaine of the said Prince Sir Henry Vernon Sir Richard Crofts Sir Dauid Phillips Sir William V dall Sir Thomas Englefield and Sir Peter Newton Knights Iohn Wilson Henry Marian Doctor William Smith President of his Councell and Doctor Charles where not long afterwards the said Prince died in the Castle of Ludlow without issue After the death of the said Prince Arthur King Henry the seuenth by his letters patents dated the eighteenth of February in the 19. yeere of his reigne in Parliament created Henry then his onely soune who after was King Henry the eight and whom before that in the 11 th he had made Lord Lieutenant of Ireland by another Charter of the same yeere Constable of the Castle of Douer to be Prince of Wales and Earle of Chester being then about the age of twelue yeeres to haue and to hold to him and his heires Kings of England for euer being the like limitation of estate and with the like inuesture as in former times had beene accustomed But whether the said King did grant the lands and reuenewes belonging to the said Principality vnto the said Prince Henry or no as hee had done vnto Prince Arthur his brother doth not appeare by any Charter that as yet thereof can be found After the death of King Henry the seuenth the said Prince Henry was King of England by the name of King Henry the eight he had issue a sonne called Henry who dyed very yong hee likewise had issue the Lady Mary afterwards Queene and the Lady Elizabeth our late Soueraigne of most happy memory and lastly Prince Edward the yongest in yeeres who first reigned after the death of his said father by the name of King Edward the sixt But there cannot be found any Charters among the records whereby it may appeare that any of them were created Princes of Wales or whereby any of the reuenewes of the said Principality were giuen or conferred vnto any of them so that it seemeth they were Princes generally by their birth and not Princes of Wales by any creation or investure for in a record of an accompt of the Dutchy of Cornwall in the time of the said Prince Edward he is called by the name of the Prince of England and not by the name of the Prince of Wales And thus much touching the succession or rancks of the Princes of Wales which I haue drawne in an historicall although a plaine and homely manner thereby the better to take away the harshnesse of the particularities of records intermingled therewith which of themselues although they affoord profitable knowledge yet they doe carry with them small delight but also for that the variety of things in those succeeding ages in the sundry occurences and accidents thereof doe yeeld good matter of obseruance and worthy memory representing as it were the English State for the time of more then two hundred yeeres together Now therefore do rest neuerthelesse three things concerning the said Principality to be further considered of First in what manner and order the said Principality and Marches of Wales were gouerned and directed vnder the said Prince Secondly what officers aswell domesticall as others the said Princes had about them and their fees as farre forth as I could come to any certaine knowledge thereof And thirdly an abstract of the reuenewes of the said Principality as they now stand in charge and be esteemed to your Maiesty whereby may bee perceiued what in time past the said reuenewes haue beene and in what case they now stand The manner of the gouernment of the Principality and Marches of Wales THe said Principality being vnder the gouernment of the Princes of the Welsh blood whose ancient patrimony yet remained vntill the Conquest thereof by King Edward the first as before hath beene shewed was guyded gouerned and directed by their owne municipall and homebred Lawes and the Customes of their Country Most of which had their commencement from the Constitutions of one of their ancient Princes called Howell Dah as their Historians haue recorded But being reduced vnder the yoke by the said King Edward he diuided certaine parts of that Territory into Shires as hath beene declared he caused the Welsh Lawes to bee perused some whereof he did allow and approue some others he did abrogate and disanull and in their place appointed new altogether according to the English manner of executing Iustice Hee caused to be deuised ce taine Briefes Writs or formulaeturis and he instituted their manner of Processe pleadings and course of their Iudiciall proceedings All which things doe manisestly appeare by the act of Parliament made at Rithlan in Wales called therefore Statutum Walliae which afore is remembred and when they want a writ of forme
any greater number In euery of the said Shires where the said Commission of the Peace is established There is also a Clarke of the Peace for the entring and ingrossing of all proceedings before the said Iustices and this Officer is appointed by the Custos Rotulorum Euery of the said Shires hath his Sheriffe which word being of the Saxon English is as much to say as a Sbire Reeue or minister or Bayliffe of the Countie his Function or Office is two fold Ministeriall or Iudiciall As touching his Ministeriall office he is the Minister and executioner of all the proces and precepts of the Courts of Law and thereof ought to make return or certificate And as touching his Iudiciall office he hath authority to hold two seuerall Courts of distinct natures the one called the Tourne because he keepeth a Tourne or Circuit about his shire holding the same in seuerall places wherein he doth inquire of all offences perpetrated against the Common Law and not forbidden by any Statute or Act of Parliament And the Iurisdiction of this Court is deriued from Iustice distributiue and is for criminall offences The other is called the County Court where he doth determine all petty and small causes Ciuill vnder the value of forty shillings arising within the said County and thereof it is called the Countie Court And the iutisdiction of this Court is drawne from Iustice Commutatiue and is held euery moneth The office of the Sheriffe is Annuall and by the Statute of 34. h. 8. it is ordained that the Lord President Councell and Iustices of Wales or three of them at the least where of the President to be one shall yeerely nominate three fit persons for that office of whom the Kings Maiestie may elect and chose one who thereupon shall haue his Patent and be Sheriffe of the said shire Euery of the said Shires hath an Officer called an Escheator which is an officer to attend the Kings reuenue and to seaze into his Maiesties hands all lands either escheated goods or lands for seited and therefore he is called Escheator and he is to enquire by good enquest of the death of the Kings Tenants and to whom their lands are descended and to seaze their bodies and lands for ward if they be within age and is accountable for the same And this Officer in Wales is named by the Lord Treasurer of England by the aduice of the Lord President Councell and Iustices or three of them at the least whereof the Lord President to be one There are also in euery of the said shires two Officers called Coroners they are to enquire by inquest in what manner and by whom euery person dying of a violent death came to his death and to enter the same of Record which is matter criminall and a plea of the Crowne and thereof they are called Coroners or Crowners as one hath written because their enquiries ought to be publique in corona populi These Officers are chosen by the Free-holders of the Shire by vertue of a Writ out of the Chauncery de Coronatore eligendo and of them I need not to speake more because these Officers are elsewhere Forasmuch as euery shire is diuided into hundreds there are also by the said Statute of 34. h. 8. cap. 26. ordained that two sufficient Gentlemen or Yeomen shall be appointed Constables of euery hundred Also there is in euery Shire one Goale or Prison appointed for the restraint of liberty of such persons as for their offences are therunto committed vntill they shall be deliuered by course of law Finally in euery hundred of euery of the said shires the Sheriffes thereof shall nominate sufficient persons to be Bayliffes of that hundred and Vnderministers of the Sheriffe and they are to attend vpon the Iustices in euery of their Courts and Sessions The Gouernment of the Marches of VVales after the Statutes of an 27. 34. H. 8. BY the said Statute of 34. H. 8. ca. 26. it is further ordayned that the President and Councell in the said Dominion and Principality of Wales and the Marches of the same with all Officers Clarks and incidents thereunto should continue and remaine in manner and forme as was then formerly vsed and accustomed And therefore the said Rowland Lee spoken of before being Lord President of the Councell of the Marches of Wales at the time of the making of the said Statute so continued after the making thereof vntill his death being in the foure and thirtieth yeere of the said King Henry the eight After whom succeeded in the office of the said President Richard Samson Bishop first of Chester and after remoued to Couentry and Litchfield who continued Lord President vntill the second yeere of King Edward the sixt at what time Iohn Dâ—dley then Earle of Warwick and after Duke of Northumberland was President of the said Councell who so continued vntill the fourth yeere of the said King And after him succeeded Sir William Herbert Knight of the noble Order of the Garter and after Earle of Pembrooke who continued President vntill the first yeere of Queene Mary Next succeeded Nicholas Heath then Bishop of Worcester and after Archbishop of Yorke and Lord Chancellor of England And vpon the remouing of the said Archbishop the said Sir William Herbert againe succeded as President of the said Councell vntill the sixt yeere of the said Queene Mary at what time followed him Gilbert Browne Bishop of Bath and VVels who so continued vntill the death of the same Queene In the beginning of the reigne of the late Queene Elizabeth Sir Iohn VVilliams Lord VVilliams of Tame of whom the Lord Norris is descended was appointed President of the said Councell and died the same yeere And after him succeeded Sir Henry Sidney Knight of the noble Order of the Garter whose loue to learning fauour to learned men need not here to be spoken he continued Lord President of Wales about foure and twenty yeeres and six moneths he serued in Ireland eight yeeres and six months being there three seuerall times Lord Deputy generall in that Country During some part of the time of the aboade in Ireland of the said Sir Henry Sidney there serued in Ireland as President or Vice-President Iohn Bishop of VVorcester and now Lord Archbishop of Canterbury After this succeeded Henry Earle of Pembrooke sonne in law to the said Sir Henry Sidney and father to the right honorable the Earle of Pembrooke that now is And after him Edward Lord Zouch now present Lord President of that Councell The President and Councell of the Marches of Wales haue power and authority to heare and determine by their wisdomes and discretions such causes and matters as bee or shall bee assigned to them by the Kings Maiesty and in such manner as shall be so prescribed vnto them by instruction signed with his hand The Councell assisting the Lord Prince consisteth of these the chiefe Iustice of Chester together
the said Kings hands by the dissolution of the Priory of Trewardreth in the said Countie of Cornewall And also the Mannors of Breadford Cauerdon Clymesland Pryor Treworgy Stratton Eastway Bowyton Bradrissey Bucklawrue and Bonyaluey which came to the said Kings hands by the surrender and suppression of the Priory of Lanceston All which Mannors so newly granted vnto the said Dutchie were by the said Act of Parliament so annexed thereunto as were the said Castle and honour of VVallingford and the members and parcels of the same before the making of the same Act of Parliament any Act Law vsage or custome to the contrary notwithstanding And thus much concerning the reuenues locall and called in the lawes Heâ—editamenta corporea and of annuall value which were either originally giuen by King Edward the Third and afterward by Patent conferred or by Act of Parliament in liew of other lands granted vnto the said Dutchie which threefold distinction of the said reuenues is here made and induced to this end that it might be obserued that those Castles Lordships Mannors and Lands which were either first giuen vnto the said Dutchie and established by Act of Parliament or lastly giuen by Act of Parliament in liew of other the lands seuered from the said Dutchie might appeare so to be annexed vnto the said Dutchie by the intent and meaning of the said Acts of Parliament and so knit and conioyned thereunto as that they should not be alienated therefrom and are of more validitie in that respect then the reuenues of the second sort which were onely conferred by Letters Patents without helpe of Parliament and therefore not so firmely vnited vnto the said Dutchie as are those two former kindes mentioned Inheritances of casuall value belonging to the said Dutchie were these 1 The Duke hath granted vnto him and his heires inheritable vnto the said Dutchie yeerely to elect choose create and make the Sheriffe of Cornewall in such sort as the King himselfe doth elect the Sheriffes of other Counties 2 The Prises Customes of all Wines brought into these Ports of the said Countie of Cornewall and the profits of the Ports and Hauens there and the Customes of all Wooll Leather and Woollsels shipped to be transported out of the said Dutchie to be collected by Officers appointed by the said Duke wrecke of the Sea and the prerogatiue of all Royall Fishes taken and brought to land within the said Countie the Hundred Courts and Countie Courts and the profits thereof The prises and Customes of Wines of the Port of Sutton which is now called Plymouth and is partly with in the Countie of Deuon Also the said Duke hath free warren in all his said landsgranted Also hee hath the liberty and returning of all Writs and summons directed to the Sheriffe of the said Countie which shall not be returned but by the Officers of the said Duke for the time being Also the goods and chattels of all Felons and Fugitiues being Tenants of the said Dutchie And the benefit of all Fines imposed for any trespasse or crime fynable and all Fynes to be paid for Licences to leuye any Fyne or Concord of record And all Ame cements Issues and Forfeitures and the yeere day and wast streepe and spoile of the lands of such as are Tenants of the said Dutchy vpon murthers or Felons by them committed and whereof they shall be attainted and likewise the Escuage of all Tenants holding by Knights seruice which they are to pay being assessed in Parliament for their faile of seruice absence not being with the King when he should make any Army or voyage Royall against his enemies whereby such escuage doth come due Also there is annexed vnto the said Dutchie the Stannaries and profits of the Coynage of Tynne within the said Counties of Deuon and Cornewall For the better vnderstanding whereof it is to be obserued that in the said Counties being in many parts thereof mountanous full of wast grounds and Moores there is found great quantities of Tynne the purest best and most plentifullest in Europe by reason whereof it hath euer beene accounted one of the Staple Commodities of this Kingdome and of good estimation in forraigne regions These Mynes of Tynne in these West parts of the kingdome were not vnknowne to the Romanes as appeareth by Diodorus Siculus who liued in the time of Augustus the Emperour aboue 1600. yeeres sithence and who thus writeth thereof Britanij qui iuxta Velerium promontorium incolunt mercatorum vsum qui co Stanneri gratia nauigant humaniores reliquis ergahospites habentur Hiexterra Saxosa cuius venas sâ—quuti effodiunt Stannum ignem eductum in quandam Insulam ferunt Britanicum iuxta quam Ictam vocant maris fluxu videntur insulae cum vero refluit exsicato interiecto littore curribus co Stannum deferunt c. Ex hijs Insulis mercatores emptum Stannum in Galliam portant inde diebus fere triginta cum equis ad fontem Eridani fluminis perducunt That Promontorie which he calleth Velerium by the iudgement of all learned in Cosmographie is now called the Lyzard and is scituate in the West part of Cornewall The Island that he calleth Icta is the Wight and that which he saith was an Island and at the Floud and at low water passable from the mayne is a true description of Portland as it is at this day being not farre from the I le of Wight vnto which place out of Cornewall the Tynne was brought to be transported into France from whence it was carried thirty dayes iourney on horsebacke and so ouer the Alpes into Italy euen to the Fountaines of Eredanus as he saith which is the Riuer now called the Po in Piemont and Lumbardy I doe alledge his authority the rather for that he in a manner set out the laborious search for Tynne in those dayes euen as it is vsed by the Spaliard at this day with great industrie and paines Hi ex terra Saxosa venas sequunti effodiunt Stannum c. All the moores and wastes wherein the Tynne is found being of ancient time belonging to the Kings and many of the said moores at this day being parcell of this Dutchie of Cornewall The Kings of this land in former times haue cast their Princely care to establish a good and orderly mannaging of the said Commoditie and haue endowed the Tynners with sundry priuiledges for their good gouernement thereby the more to encourage them in the search of Tyn. And thereupon by ancient Charters the whole Company and body of Tynners in euery of the said Counties of Deuon and Cornewall are cast and diuided in foure seuerall Stanneryes or Iurisdictions In euery of which Stanneries there is a Court to minister iustice in all causes personall arising betweene Tynner and Tynner and betweene Tynner Forraigner and also for and concerning the right and ownership of Tynne Mynes and the disposition thereof except in causes of land life and member
l. 13. s. 4. d. The fee of the Steward and keeper of the Courts of the Mannors in the County of Cornewall which sometimes were the Marquesse of Exceter and now parcell of the lands annexed vnto the said Dutchy 46. s. 8. d. The fee of the Bailiffe Itinerant of the said Dutchie of Cornewall 3. l. 10. d. The fee of the Woodward of the said Dutchie of Cornewall yeerely 5. l. The summe totall of the fees of the Officers of the said Dutchie of Cornewall 138. l. 3. s. 4. d. Money paid vnto the Captaine of the Castle of Saint Mawes 118. l. 12. s. 6. d. Money paid to the Captaine of the Castle of Pendynas both which Castles are for the defence of the Hauen of Falmouth 118. l. 12. s. 6. d. Summe totall 237. l. 5. s. Paid yeerely to the Bishop of Exceter for the tenth of the coynage of Tynne in Deuon and Cornewall 16. l. 13. s. 4. d. Paid yeerely vnto the Barons of the Exchequer forth examination of the accounts belonging to the said Dutchie 5. l. The summe totall of all the charges and reprizes taken out thereof amounted vnto 615. l. 9. s. 6. d. Which being deducted out of the generall summe of the reuenues of the said Dutchie being by estimation 4569. l. 12. s. 2. d. q. there may remaine of cleere reuenue the summe of 3954. l. 2s 8 d. q. which cannot be cast into a certaine yeerely value by reason of the casuall profits and casuall expences which may happen yeerely And thus much of the Dutchie of Cornewall THE EARLEDOME OF CHESTER The third reuenue is the Earledome of Chester whereunto is annexed the Countie of Flint belonging to the Prince as Earle of Chester THe Earledome of Chester is the third reuenue before spoken of this Earledome bordering vpon North-Wales for the better defence of that Country and that the Inhabitants should not be thence withdrawne in sutes of law was made Palatyne and conferred by the Conquerour vpon his kinsman Hugh sirnamed Loupe or Lupus sonne to the Earle of Awrenches in Normandy to whom hee gaue this Earledome To haue and to hold to him and his heires as the words of the first donation import It a libere adgladium sicut ipse Rex tenebat Angliam Coronam This Earledome for the more honour thereof and for the better accomplishment of the Palatyne iurisdiction therin hath certaine substitute Baronyes vnder it who doe acknowledge the Earle Palatyne to be their superiour Lord as 1 The Baron of Halton 2 The Baron of Mountalt 3 The Baron of Maâ—banâ—k 4 The Baron of Shibrooke 5 The Baron of Malpas 6 The Baron of Mascey 7 The Baron of Kinderton 8 The Baron of Stockport This Earledome from the said Hugh Lupus discended in his bloud and kâ—ndred by sundry descents vnto Iohn sirnamed Scot Earle of Chester Anguise Galway and Huntingdon who in the time of King Henry the Third dying without issue the said King Henry the Third seized the same into his hands giuing the Aunts and next coheires of the said Iohn other Lands by exchange which thing the said King was induced to doe as the Record saith netanta haereditas inter colos diduceretur not willing that so great a patrimony should beâ— parted amongst disttaffs Afterward King Edward the first was by his father the said King Henry the third created Earle of Chester But the same Earldome being afterwards conferred vpon Simon de Monford by his attainder it came the Crowne After that Edward the third in the life-time of his father and before he tooke vpon him the Kingdome had the said Earledome but afterwards hee being King gaue the same to his eldest sonne Edward surnamed the Black Prince by his Charter bearing date at Pomfret the eighteenth day of March in the seuenth yeere of his reigne and inrolled of record in the Exchequer anno 33. of the same King By which Charter the said King did grant vnto the said Earle of Chester the Castles of Chester Beston Rothlan and Flint and all his lands there And also the cantred and lands of Englefield together with the Knights fees aduousons liberties franchises forrests chaces parks woods warrens and other the appurtenances thereunto belonging to haue and to hold to him and to his heires Kings of England And the same King by another Charter bearing date the ninteenth of March in the seuenth yeere of his reigne granted vnto the said Earle of Chester all his goods chattels stock of cattell then being in or vpon the said lands of the said Earldome formerly granted Moreouer all the Kings of England succeeding when they created their sonnes and heires apparant Princes of Wales did also create them Earles of Chester to haue and to hold the same vnto him so created and his heires Kings of England in such manner as the Principality of Wales was giuen vnto him And did by their seuerall Charters giue vnto the said Earle the said Earledome and lands as namely the said Castles of Chester Beston Rothlan and Flint and the Castle also of Hope and the Mannors of Hope and Hopedall and of Foreshaâ— and the said Cantred and lands of Englefield and other their lands in the said Counties of Chester Flint and elsewhere belonging vnto the said Earledome And the Aduouson of the Cathedrall Church of Saint Asaph in Wales and the auoydance issues and profits of the temporalities of the Bishopricks of Chester and Saint Asaph aforesaid together with all aduousons pentions portions corrodies offices prizes customes liberties franchises lordships comots hundreds escheats forfeitures and hereditaments vnto the said Earldome belonging And to the intent that it may the better appeare both what the ancient reuenewes were of the said Earledome and also what it is at this present I shall according to the order before pursued set downe the ancient reuenew thereof as it was in the latter time of King Edward the third and also how it now standeth in charge to your Maiestie The ancient reuenews of the Earldome of Chester as it was taken vpon the suruey thereof made in the fiftieth of Edward the third The County of Chester The fee farme of the City of Chester 100. l. For other profits out of the said Citie 4 l The farme of the towne of Medwick 64. l The Farme of the Milles vpon the Riuer of Dee 240 l The Manner of Dracklow in yeerly rent 49. l. 22. d. The farme of the Mannor of Dummarsh 15. l The Forrest of Mara the issues and profits thereof 51. l. 7. s. The rents and profits of Norwich are 66 l The Mannor of Shotwick the rents are 30. l. 14. s. 1. d. The Mannor of Eordsham in yeerly rent 56. l. 13. s. 4. d. The profits of the office of the Sheriffe of the said County 124. l. 7. s. 4. d. The perquisits of Courts holden by the Iustice of Chester 180. l. The profits of the office of the Escheator 100 l The summe totall of the reuenew of the said Earldome