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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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herein they haue the same iurisdiction that the Iustices of the Common place doe execute in the Hall at Westminster Also they may heare and determine all assizes vpon disseisons of lands or hereditaments wherein they equall the Iurisdiction of the Iustices of affize They may heare and determine all notable violences and outrages perpetrated or done within their seuerall Precyncts and therein they haue the power authority and iurisdiction of the Iustices of Oyer and Terminer Their Chauncery Seale and Writs FOrasmuch as no suit can commence between party and party nor orderly iustice can bee done without complaint of the Pursuant and summons and monition giuen vnto the defendant which summons the policy of England from the beginning of the first foundation of this Common-wealth hath appointed to be performed by that kinde of formulae Iuris which the common law calleth a Writ or Briefe so called as Bracton saith Breue quia rem quae est et intentionē petent is breuiter ●narrat and which Writ is alwaies conceiued in forme in the Kings name in manner of a Precept royall and sealed with the Kings great Seale Therefore in the appointing of this iurisdiction there is ordained to euery Circuit or Precynct a seuerall Seale for the sealing of such Writs and Commissions as the case shall require within that Circuit And forasmuch as all Writs are either originall such as doe begin the Sute or else Iudiciall such as command and warrant the execution therefore it is by the said Statute made in 34. h. 8. ordained that the Seale seruing for Originall Proces in the seuerall Shires of Denbigh and Montgomery should be in the custody of the Chamberlaine of Denbigh and that the Originall Seale of Chester shall be and stand for the Originall Seale of Flint and shall be in the custody of the Chamberlaine of Chester The like Seale seruing for the seuerall Shires of Carnaruon Merioneth and Anglesey to be in the custody of the Chamberlaine of North-Wales The like Seale concerning the seuerall Shires of Radnor Brecknock and Glamorgan is committed to the custody of the Steward of Brecknock And finally the like Seale seruing the seuerall Shires of Carmarden Pembrooke and Cardigan is in the vsage of the Chamberlaine of South-Wales These Chamberlaines are as Chancellors in this behalfe and haue the sealing of all Originall Writs and Commissions within their seuerall Precyncts and these Chamberlaines may also award out seuerall Writs to all vnder-Receiuers of the reuenues and ministers to make their accounts The Seale for the sealing of Iudiciall Writs is appointed by the said Statute of 34. h. 8. to be and remaine by the Iustices of euery of the said Circuits for the more expedite execution of their iudgements Their Sessions and manner of Sittings EVery of these Iustices in their seuerall Circuits shall be Itinerant twice euery yeere and sit in euery of the Shires within their authority by the space of sixe dayes together at a place certaine by them to be appointed and vpon proclamation of summons to be made fifteen daies before the said sittings where all persons requiring Iustice may purchase their Writs and proceed in their suits And where adiournements of the Causes there depending shall be de die in diem and if the Cause can haue no end during the sitting then from Sessions to Sessions as the nature of the businesse shall require and according to the discretion of the said Iustices and these sittings are called the great Session And if there shall be such multitude of pleas personall as that they cannot be tried at the same great Sessions then the issues there in tryall shall and may be tried at some other Sessions before the Deputy Iustice which is therefore called the petty Sessions And if any erronious Iudgement be giuen by the said Iustices in any reall action the same shall be reuersed by Writ of error before the Iustices of the Kings Bench. And if the said erronious iudgement shall be in any action personall the same shall be reuersed by Bill before the Lord President of the Marches and Councell there Officers Ministers Clarkes and Writers for the expediting of the said great Sessions FIrst there are the Chamberlaines of euery of the said Circuits as hath beene said who are properly and originally the Treasurers of the reuenue within their charge and by the said Statutes are also keepers of the Seales as aforesaid wherein they doe vndertake in part the office of a Chauncellor And in euery of the said Circuits there is the Atturney or Regius aduocatus and Sollicitor There is a Prothonotary or chiefe Register who draweth all the pleadings entreth and ingrosseth the Records and Iudgements in ciuill causes and ingrossing Fynes And there is also a Clarke of the Crowne which draweth and ingrosseth all Inditements and Proceedings Arraignements and Iudgements in Criminall causes And these two Officers are at your Maiesties appointment There is a Marshall to attend the persons of the Iudges at their common sitting and going from the Sessions or Court There is a Cryer tanquam publicus preco to call forth such persons whose apparances are necessary and to impose silence to the people And these two Officers last remembred are disposed by the Iustices And thus much touching the Iustices of the great Sessions There are also other ordinary officers appointed for euery shire in Wales by the said Statute of 34. h. 8. such and in like manner as in other the Shires of England There is a Commission vnder the great Scale of England to certaine Gentlemen giuing them power to preserue the peace and to resist and punish all turbulent persons whose misdemeanour may tend to the disquiet of the people and these are called the Iustices of Peace and euery of them may well be termed Eirenarcha The chiefe of them is called Custos Rotulorum in whose custody all the Records of their proceedings are resident Others there are of that number called Iustices of the Peace and quorum because in their Commissions whereby they haue power to sit and determine Causes concerning breach of peace and misbehauiour the words of their Commission are conceined this quorum such and such vnum vel duos c. esse volumus and without some one or more of them of the quorum No Sessions can be holden and for the auoyding of a superfluous number of such Iustices for through the ambition of many it is counted a credit to be burthened with that authority The Statute of 34. h. 8. hath expresly prohibited that there shall be but eight Iustices of peace within euery of the Counties and Shires of Wales which if the number were not indefinite for the Shires of England it were the better These Iustices doe hold their Sessions quarterly And it is further ordained by the said Statute of 34. h. 8. that two Iustices of peace where of one to be of the quorum may hold their Sessions without
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