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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
and if any false and vniust iudgement be giuen in any of the said Courts the party grieued may make his appeale vnto the Lord Warden of the Stanneries who is their superiour Iudge both for law and equity and from him vnto the body of the Councell of the Lord Prince Duke of Cornewall to which Duke the Stanneryes are giuen as by the former charters haue appeared and from them the appeale lyeth to the Kings most Royall person When matters of moment concerning the state of those Mynes or Stanneryes shall come to be questioned or debated there are in euery of the said Counties by the direction of the Lord Warden seuerall Parliaments or generall assemblies of the Tynners summoned whereunto euery Stannery within that Countie sendeth Iurates or Burgesses by whose aduice and consent constitutions orders and lawes are made and ordained touching Tynne causes which being promulged the same doe binde the whole body of Tynners of that Countie as firmely as if the same had beene established in the generall Parliaments of the Realme As touching the persons that deale or entermeddle with Tynne and therefore carry the name of Tynners they are of foure kindes First the owners of the soile where Mynes are found Secondly the aduenturer for Tynne which may haue by the law of Tynners power and disposition of a Myne or Tyn-worke although he be not owner of the soile Thirdly the merchant Broker or Regrator of Tynne which either buyeth to transport out of the Realme or else to regrate and sell againe within the realme And fourthly the Spadiard or Spaliard so called because he liueth by his Spade and is the Myne-worker and labourer for Tynne who commonly in respect of his poore estate is eaten out by the hard and vsurious contracts for Tynne which he is driuen to make with the merchant or regrator For those poore labourers hauing no wages certaine but onely shares in the mynes as the quantity thereof shall arise and being not able to sustaine themselues and their family vntill the Tynne of coynage and Marts for Tynne shall come which are halfe yeerely hee is by necessity compelled for a small summe of money aforehand to enter into bond vnto the Merchant or Regrator of Tynne to deliuer him at the the time of the next ensuing coynage Tynne in value much more then the money he had formerly receiued There are also two kindes of Tynne the one called blacke Tynne which is the Tynne oare broken and washed but as yet not blowne molten or founded into mettall and white Tynne which is the Tynne after that it is founded and moulten into mettall and this is also of two sorts soft Tynne which is best merchantable and hard Tynne which is least merchantable It is not lawfull by the law of Tynners and it is by the ancient Charters of the priuiledges granted by the Kings of England vnto the Tynners expresly forbidden vnder forseiture of the Tynne that no Tynne shall be sold within euery of the said Counties either blacke or white Tynne but onely at two set times of the yeere at places appointed in which places all the vendable Tynne in the said seuerall Counties is brought and there by the Officers of the Duke the same is weighed by a Beame and weights thereto appointed and after the same is coyned with a stampe it is thereupon allowed to be sold and not before for which weighing and stampe commonly called the Coynage there is due to the Lord Prince as Duke of Cornewall the summe of 40. s. for euery thousand weight of Tynne so weighed and coyned which is parcell of the casuall reuenues of the said Dutchie and first granted by King Edward the third vnto the Duke of Cornewall and annexed vnto the said Dutchie by the name of Coynage of Tynne Moreouer not onely the Kings of England in their times but also the Dukes of Cornewall in their times haue had the preemption of Tynne which is a priuiledge belonging and reserued vnto themselues by their Charters of liberties granted vnto the Tynners which appertaineth vnto them as is conceiued by the learned Ratione proprietatis tanquam summis Dominis proprietarijs quam ratione praerogatiuae suae not vnlike that which other Kings haue in forraigne Countries whereof Casaneus thus maketh mention Praefertur princeps in emptione metallorum alledging an imperiall constitution of the Coad for proofe thereof and of which preemption as by some presidents may be proued both the Kings of England and Dukes of Cornewall haue made vse when otherwise they stood in need of money for the managing of their affaires And thus much touching the reuenues of the Countie of Cornewall The whole reuenues vnto Edward the Prince sirnamed the blacke Prince sonne and heire apparant vnto King Edward the Third as by a notable suruey thereof appeareth accounting all profits annuall and casuall as they hapned communibus annis one yeere with the other and as rated 50. E. 3. in manner as ensueth The reuenues of the Dutchie of Cornwall as it was rated by suruey taken 50. E. 3. amounting in the whole without reprises vnto 3415. l. 18. s. 5. d. q. whereof in particular viz. For Cornewall 2219. l. 7. s. 9. d. ob For Deuon 0273. l. 19. s. 5. ob q. In other shires 922. l. 1● s. 2 d. The summe totall of the whole reuenue of the said Dutchie amounteth vnto 3415 l. 18. s. 5. d. q. The reuenue of the said Dutchie of Cornewall as it appeareth by the accounts of the Receiuer thereof in the fifteenth yeere of King Henry the Eight amounted of cleere yeerely value vnto 10095. l. 11. s. 9. d. q. In particular as followeth Cornewall The issues of the Mannors and Boroughes in the Countie of Cornewall 624. l. 17. s. 2. d. q. The issues of the Hundreds and Hundred-Courts and of the office of the Sheriffe 59. l. 14. s. 2. d. ob The issues of the Stannery Courts in both the Counties of Deuon and Cornewall accounted for by the seuerall Bayliffes of the seuerall Stanneries of the Counties 54. l. 9. s. ● d. The profits of the office of the Hauenour in the said Countie of Cornewall 53. l. 3 d. The profits of the offices of the Feodarie and Esche●tor of both the Counties 33. l. 16. s. 10. d. ob Deuon The issues of the Mannors and Boroughes in the Countie of Deuon and of the Chase and Forrest of Dertmore in the said Countie of Deuon 170. l. 14. s. 3 d. ob q The issues of the water of Dartmouth 8. l. The fee Farme of the Citie of Exon and of the Castle there 21. l. 15 s. The issues and profits of the Coynage of Tynne in the said Counties of Deuon and Cornewall in the said 15. H. 8. 2771. l. 3. s. 9. d. q. For white rent which is a dutie payable yeerely by euery Tynner in the County of Deuon and antiently due that is of euery Tynner 8. d. which summe in the whole collected from 424.