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A20577 The history of the ancient and moderne estate of the principality of Wales, dutchy of Cornewall, and earldome of Chester Collected out of the records of the Tower of London, and diuers ancient authours. By Sir Iohn Dodridge Knight, one of his Maiesties iudges in the Kings Bench. And by himselfe dedicated to King Iames of euer blessed memory. Doddridge, John, Sir, 1555-1628. 1630 (1630) STC 6982; ESTC S109765 59,203 160

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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 D●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
Edward the Fourth hauing thus gained the Crowne which had beene thus shaken from his head did by his Charter dated the 26. of ●une in the eleuenth yeere of his raigne create Edward of VVestminster his sonne heire apparant Prince of VVales and Earle of Chester And by another like Charter of the same yeere gaue vnto him the Lands and reuenues of the said Principality and Earledome To haue and to hold to him and his heires Kings of England This Edward the Prince being of tender yeeres was borne in the Sanctuary of VVestminster whither the Queene his Mother was fled for her security and during the time that the King her husband had auoided the Realme Afterwards the said King by his letters Patents bearing date the eight day of Iuly in the said eleuenth yeere of his raigne ordained his Queene the then Lord Archbishop of Canterbury George Duke of Clarence Richard Duke of Gloucester brothers to the said king The then Bishops of Bath and VVels and Durham Anthony Earle Riuers the then Abbot of VVestminster Chancellor to the Prince VVilliam Hastings knight Lord Chamberlaine to the king Richard Fynes Lord Dacres Steward of the said Prince Iohn Fogge Iohn Scot knights Thomas Vaughan Chamberlaine to the Prince Iohn Alcocke and Richard Fowler to be of Councell vnto the said Prince giuing vnto them and euery foure of them thereby with the aduice and expresse consent of the Queene large power to aduise and counsaile the said Prince and to order and dispose the Lands reuenues and possessions of the said Prince and the nomination of Officers belonging to the said Prince when they should happen to become void or that the parties were insufficient The said authority thus giuen vnto the said Councellors to continue vntill the said Prince should accomplish the age of fourteene yeeres which was performed by them accordingly in all Leases Dispositions and Grants of the reuenues of the said Prince The said king Edward the Fourth by one other Charter composed in English and bearing date the tenth of Nouember in the thirteenth yeere of his raigne appointed the said Earle Riuers being brother vnto the Queene to be the Gouernour of the person of the said Prince and to haue the education and the institution of him in all vertues worthy his birth and to haue the gouernement and direction of his seruants King Edward the Fourth hauing raigned full two and twenty yeeres in the foure and twentieth yeere of his raigne left this mortall life ended his dayes at VVestminster was enterred at VVindsor Edward the Prince his sonne and heire then being at Ludlow necre the Marches of Wales for the better ordering of the Welsh vnder the gouernment of the said Lord Riuers his vncle on the Mothers side and vpon the death of his father drawing towards London to prepare for his Coronation fell into the hands of his vncle by the father Richard Duke of Glocester and the said Lord Riuers being vpon the way towards London was intercepted and lost his head at Pomfret for what cause I know not other then this that hee was thought to be too great an obstacle betweene a thirsty tyrannous desire and the thing that was so thirstily and tyrannously desired Edward King of England the fist of that name for so he was although he enioyed it not long being thus surprized vnder the power of his naturall vncle and yet his mortall enemy was brought to London with great solemnity and pompe and with the great applause of the people flocking about to behold his person as the manner of the English Nation is to doe whose new ioyes cannot endure to be ●ettred with any bonds His said vncle calling himselfe Lord Protector of the King and his Realme but indeed was the woolfe to whom the Lambe was committed for hauing thus surprized the Kings person hee laboured by all meanes to get into his possession also the yonger brother being Duke of Yorke knowing that they both being sundred the safety of the yonger would be a meanes to preserue the elder and therefore by all sinister perswasions and faire pretences hauing obtained the yonger Duke from his mother the King and the Duke both for a time remained in the Tower of London and there shortly after both in one bed were in the night smothered to death and buried in an obscure and secret place vnknowne how and where vntill one of the executioners thereof after many yeeres being condemned to die for other his manifold crimes confessed also his guilty fact in this pitifully tragedy and the circumstance thereof of which by reason of the secrecy and incertainty diuers had before that diuersly coniectured And by this meanes all the prouision for the coronation of innocent Edward serued the turne to set the Crowne vpon the head of tyrannous Richard Out of which by the way I cannot but obserue how hatefull a bloody hand is to almighty God the King of Kings who reuenged the bloodshed of those ciuill broiles whereof Edward the father had beene the occasion and the breach of his oath vpon those his two innocent infants This tyrant and staine of the English Story Richard Duke of Glocester vsurped the Kingdome by the name of Richard the third and became King yet as our records of Law witnesse de facto sed non de iure And in the first yeere of his reigne created Edward his sonne being a child of ten yeeres of age Prince of Wales Lieutenant of the Realme of Ireland But for that the prosperity of the wicked is but as the florishing of a greene tree which whiles a man passes by is blasted dead at the roots and his place knoweth it no more So shortly afterwards God raised vp Henry Earle of Richmond the next heire of the house of Lancaster to exteute iustice vpon that vnnaturall and bloody vsurper and to cast him that had beene the rod of Gods iudgements vpon others into the fire also For in the third yeere of the reigne of the said Richard at the battell of Bosworth whereinto the said Richard entred in the morning crowned in all Kingly pompe he was slaine and his naked carkasse with as much despight as could be deuised was carried out thereof at night and the said Henry Earle of Richmond the Solomon of England father to Margaret your Maiesties great Grandmother reigned in his stead by the name of King Henry the seuenth This King Henry the seuenth tooke to wife Elizabeth the eldest daughter and after the death of her brothers the relict heire of King Edward the fourth by which mariage all occasions of further contention-betweene those noble families of Yorke and Lancaster were taken away and vtterly quenched and the red rose conioyned with the white The said King Henry the seuenth by his letters patents dated the first day of December in the fift yeere of his reigne created Arthur his eldest sonne and heire apparant being then about the age of three yeeres Prince of Wales
Councell established in the Marches of VVales it is conceiued by the best and most probable opinions amongst Antiquaries that the same began in or about the seauenteenth yeere of king Edward the Fourth when as Prince Edward his sonne was sent vnto the Marches of VVales vnder the tuition of the Lord Ri●ers his Vncle by the Mothers side as a●ore hath appeared and at what time also ●ohn Bishop of VVorcester was appointed Lord President of VVales Prince Arthure the sonne of King Henry the Seauenth in the seauenteenth yeere of the raigne of the said King went into VVales at what time Doctor VVilliam Smith was then President of the Councell of the Marches of VVales who was after Bishop of Lincolne and founder of the Colledge of Br●sen nose in the Vniuersity of Oxford This man was also President in the time of king Henry the eight vntill the fourth yeere of the raigne of the same king at what time ●effry Blyth Bishop of Couentry and Lichfield succeeded in the office of President of the said Councell The Lady Mary eldest Daughter of king Henry the Eight and afterwards Queene did carry the title of Princes of VVales for a while although the parent of her creation bee not now to be found vnder whom ●ohn Voysey Doctor of the lawes and afterwards Bishop of Exceter was President of that Councell There succeeded him in the office of President of the Councell of the Marches of Wales Rowland Lee Bishop of Couentry and Lichfield And this was the state and gouernement of the Principality and Marches of Wales in the seauen and twentieth yeere of king Henry the Eight The said king by a Statute made in the seauen and twentieth yeere of his raigne vnited and annexed the Principality and Dominion of Wales vnto the Realme of England altering in many parts the former iurisdiction and gouernement thereof bringing the same to the like administration of Iustice as was and yet is vsuall in England appointing that the lawes of England should take place there and that all Welsh Lawes sinister Customes and Tenures not agreeable to the Lawes of England should be thenceforth for euer abrogated and abolished Of which vnion and annexation first for that there of hath ensued great peace tranquility ciuility and infinite good to the Inhabitants of that Country of Wales Secondly because in some respect it may serue as a proiect and president of some other vnion and annexation by your Maiesty of as much or of more consequence and importance And thirdly because the same vnion doth containe an expresse image of the politique gouernement of the Realme of England I haue presumed with conuenient breuity vpon this good occasion here in this place to expresse the same Therefore whereas in former time there had beene in Wales anciently eight seuerall Shires or Counties besides the County of Munmouth which was the ninth and that some other Territories in Wales were then no shire grounds by reason where of the lawes of England could haue no currant passage therein For all the ordinary Ministers and executioners of the processe of the Lawes of England or which haue Vicountiell iurisdiction are the Officers of particular Shires as the Sheriffes the Coroners the Escheators and such like Therefore by the said Act of Parliament there are erected in Wales foure other new ordayned Shires of the Lands not formerly so diuided namely the seuerall Shires of Radnor Brecknock Montgomery and Denbyh and those also together with the former ancient shires are by that Act of Parliament and by the Statute of 38. h. 8. subdiuided into Cantreds and all the Marche grounds being then neither any part of Wales although formerly conquered out of Wales neither any part of the Shires of England The said king by his said Act of Parliament did annexe and vnite partly vnto the said Shires of England and partly vnto the Shires of VVales next adioyning as was thought then by reason of vicinity of place and other correspondency most conuenient as by the said Acts of Parliament appeareth which the said king was the rather occasioned to doe for most of the said Baronies Marchers were then in his owne hands And for that also diuers murthers rapes robberies and enormities had beene there committed and by reason of the flight of the offenders from one Barony as is vsuall vpon the borders they had escaped due and condigne punishment for their such enormities and odious offences He ordained also that the Countie of Mounmouth formerly being a Shire of Wales should be gouerned from thenceforth in like manner and by the same Iudges as other the Shires of England And for the other twelue Shires he ordained a speciall Iurisdiction and Officers but yet in substance agreable and after the manner of the English Lawes although for the circumstance of time and place and persons in some few things discordant He ordained that out of euery of the said Shires of Wales there should be one Knight and out of euery of the shire Townes of Wales named in the said Act of Parliament there should be one Burgesse elected after the English manner which Knights and Burgesses so selected and duly vpon summons of euery Parliament in England returned should haue place and voice in the Parliament of England as other the Knights and Burgesses of England vsed to haue And for the administration of iustice in the said twelue Shires of Wales there was by the Act of Parliament of 34. H. 8. ordained soure seuerall Circuits Precyncts or Conuentus Iuridicus allotting to euery of them three of those Shires so that the chiefe Iustice of Chester hath vnder his iurisdiction the three seuerall Shires of Denbigh Flint and Montgomery his fee is yeerely 100. l. The Shires of Carnarnon Merioneth and Anglesey are vnder the Iustice of North-Wales whose fee is 50. l. The Counties of Carmardin Pembrooke and Cardigan haue also their Iustice whose yeerely fee is 50. l. The Counties of Radnor Brecknocke and Glamorgan haue also their Iustice whose fee is yeerely 50. l. After by an Act of Parliament made 18. Eliz. cap. 8. one other Iustice assistant was ordained to the former Iustices so that now euery of the said foure Circuits haue two Iustices viz. one chiefe Iustice and a second Iustice assistant Their Jurisdiction THese Iustices in euery of their Circuits haue almost the same iurisdiction that the ancient Iustices in Eyre or Iustices Itinerant had First they had power to heare and determine all criminall causes which are called in the lawes of England The pleas of the Crowne and herein they haue the same absolute iurisdiction that the Iustices haue of your Maiesties Bench commonly called the Kings Bench. They haue also iurisdiction to heare and determine all ciuill Causes which are called in the Lawes of England Common pleas and to take the acknowledgement of all Fines leuied of lands or hereditaments without suing any dedimus potestatem and