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
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
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
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