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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
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 an●i● 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