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A39396 Cambria triumphans, or, Brittain in its perfect lustre shevving the origen and antiquity of that illustrious nation, the succession of their kings and princes, from the first, to King Charles of happy memory, the description of the countrey, the history of the antient and moderne estate, the manner of the investure of the princes, with the coats of arms of the nobility / by Percie Enderbie, Gent. Enderbie, Percy, d. 1670. 1661 (1661) Wing E728; ESTC R19758 643,056 416

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Kings bench And if the said erroneous judgment shall be in any Action personal the same shall be reversed by bill before the Lord president of the Marches and councel there Officers Ministers Clerks and Writers for the expediting of the said great Sessions First there are the Chamberlains of every the said circuits as hath been said who are properly and Originally the Treasurers of the Revenue within their charge and by the said Statutes are also Keepers of the seals as aforesaid therein they do undertake in part the Office of a Chancellour And in every of the said circuits there is the Atturney or Regius Advocatia and Sollicitor There is a Protonotary or chief Register who draweth all the pleadings Protonotary Cl●rk of the Crown entereth and engrosseth the Records and Judgments in civil causes and ingrossing Fines And there is also a Clerk of the Crown which draweth and ingrosseth all inditements and proceedings arraignments and judgments in criminal causes and these two Officers are at the King or States appointment There is a Marshal to attend the persons of the Judges at their common sitting and going from the Sessions or Court There is a Marshal There is a Cryer Tanquam publicus preco to call forth such persons whose apparences are necessary and to impose silence to the people And these two Officers last remembred are deposed by the Justices And thus much touching the Justices of the great Sessions There are also other ordinary Officers appointed for every Shire in Wales by the said Statute 34. Henry 8. such and in like manner as in other the Shires in England There is a commission under the great Seal of England to certain Gentlemen What a Justice of peace giving them power to preserve the peace and resist and punish all turbulent persons whose misdemeanour may tend to the disquiet of the people and these are called Justices of peace and every of them may well be termed Eirnarcha the chief of them is called Custos Rotulorum in whose custody all the Records of their proceedings are resident Others there are of that number called Justices of the peace and Quorum because of their Commissions whereby they have power to sit and determine causes concerning breach of peace and misbehaviour the words of the Commission are conceived thus 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 avoiding of the superfluous number of such Justices 8. Justices onely allowed in every County of Wales for through the ambition of many it is accounted a credit to be burthened with that Authority The Satute of 34 Hen. 8. hath expresly prohibited that there shall be above eight Justices of Peace within every of the Counties and Shires of Wales which if the number were not indefinite for the Shires in England it were the better These Justices do hold their Sessions quarterly And it is further ordained by the Statute of 34 Hen 8. that two Justices of peace whereof one to be of the Quorum may hold their Sessions without any greater number In every of the said Shires where the said Commission of peace is established There is also a Clerk of the peace for the entring and engrossing of all proceedings before the said Justices and this Officer is appointed by the Custos Rotulorum Sr. John Dod fol. 49. Every of the said Shires hath a Sheriff which word being of the Saxon English is as much as to say a Shire-Reeve or Minister or Bailiff of the County his Function or Office is twofold Ministerial and Judicial As touching his Ministerial Office he is the Minister and Executioner of all the Process and Precepts of the Courts of Law and thereof ought to make return and certificate Why the Tourne Court so called and as touching the Judicial Office he hath Authority to hold two several Courts of distinct natures the one called the Tourne because he keepeth a Tourne or Circuit about the Shire holding the same in several places wherein he doth enquire of all offences perpetrated against the common Law and not forbidden by any Statute or Act of Parliament The County Court derived from Justice Communicative And the Jurisdiction of this Court is derived from justice distributive and is for criminal offences The other is called the County Court where he doth determine all petty and small causes civil under the value of 40 s. arising within the said County and thereof it is called the County Court And the Jurisdiction of this Court is drawn from Justice Communicative and is held every Moneth The Office of the Sheriff is annual by the Statute of 34 Hen. 8. it is ordained that the Lord President Councel and Justices of Wales or three of them at the least whereof the President to be one shall yearly nominate three fit persons for that Office of whom the King or State may elect one who thereupon shall have his Patent and be Sheriff of the said Shire Escheator why so called Every of the said Shires hath an Officer called an Escheator which is an Officer to attend the Kings Revenue and to seize into his hands all lands either Escheated goods or lands forfeited therefore he is called Escheator and he is to enquire by good enquest of the death of the Kings Tenants and to whom the lands are descended and to seize the bodies and lands for Ward if they be within age and is accountable for the same And this Officer in Wales is nominated Escheator 34 Hen. 8. cap. 16. by the Lord Treasurer of England by the advice of the Lord President Councel and Justices or three of them at least whereof the Lord President to be one There are also in every of the said Shires two Officers called Coroners they are to enquire by enquest in what manner and by whom every person dying a violent death came to his death and to enter the same of Record which is matter criminal and a plea of the Crown Coroners why so called and thereof they are called Coroners or Crowners as one hath written because their enquiries ought to be publick Et in Corona Populi These Officers are are chosen by the Free-holders of the Shire by vertue of a Writ out of the Chancery De Coronatore Eligendo And of them I need not speak more because these Officers are elsewhere The Goal Forasmuch as every Shire hath one Goal or Prison appointed for the restraint of liberty of such persons as for their offences are thereunto committed until they shall be delivered by course of Law Finally in every hundred of every of the said Shires the Sheriffs thereof shall nominate sufficient persons to be Bailiffs of that hundred and under Ministers of the Sheriff and they are to attend upon the Justices in every of their Courts and Sessions The Government of the Marches of Wales
being not able to retreat Great scarcity in England for want of commerce with Wales upon the suddain were almost all slain At this time there was great scarcity of Beeves and horses in England whereof they were wont to have many thousands yearly out of Wales and all the marches were made as a desolate and desert place The next spring all the Nobles of Wales came together and sware to defend their Country to death and never to forsake one another and that upon pain of cursing but shortly after Meredyth ap Rees of Southwales A subsidy demanded to conquer Wales not regarding his oath served the King Then the King called a Parliament for a subsidy to Wales when he had so many losses and of late all the Country of Pembrock burnt and spoiled where the Welshmen had found salt plentifully which they lacked in the which Parliament no Subsidy was granted Mat. Pa●is fol. 1807. Shortly after the same Parliament by propagation was called at Oxford where the Lords of Wales offered to be tryed by the law for any offence they had committed against the King i●iustly To this patrick the Lordship of Cydwely was given if he could win it Easie to give l ●ge thongs out of another mans hide Trea hery revenged by the Welsh but Edward would not hear of it but sent one Patrick de Canton as Lieutenant for the King to Caermarthyn and with him Meredyth ap Rees and this Patrick desired to speak upon peace with the Princes Councel whereupon the Prince meaning good faith sent his brother whom he had set at liberty with Meredyeh ap Owen and Rees ap Rees to Emlyn to treat with them of peace but Patrick meaning to entrap them laid an ambushment of Men armed by the way and as they should have met these miscreants fell upon the Welsh and slew a great number of them but the Lords which escaped raised the Country forthwith and followed Patrick and slew him and the most part of all his men And after this the Prince desirous of peace and quietness to redeem the same and to end all troubles and to purchase the Kings good will offered the King 4000 marks and to his son 300. and to the Queen 200. to have peace but the King answered What is this to our losses and refused it It appeareth by the records in the Tower that about this time to wit An. 43. Hen. 3. there was a commission to William Bishop of Worcester John Mansel Treasurer of York the Kings Chaplain and Peter de Montfort to conclude a peace with the Welshmen but it is like there was nothing done to any effect in that behalfe for the war continued still Notwithstanding I find by Mathew Westminster that there was a certain truce agreed upon between the King and the Welshmen for a year I read also in the same Author that the Bishop of Bangor was this year about Michaelmas sent from Lhewelyn the Prince and all the Barons of Wales to the King to desire peace at his hands and to offer unto him the summe of 16000. pound for the same so that he would grant the Welsh to have all their matters heard and determined at Chester as they were wont to have and to suffer them to enjoy the lawes and customes of their own Country but what answer the Bishop brought again the said Author maketh no mention The year 1260. Prince Lhewelyn destroyed the lands of Sr. Roger Mortimer because he contrary to his oath maintained the Kings quarrel and took from him all Buelht saving the Castle which the Princes men got by night without bloodshed Aber. P. Lhewelyns Court or Palace and therein much ammunition and so after the Prince had passed through all Southwales he returned to his house at Aber betwixt Conwey and Bangor The year following died Owen ap Meredyth Lord of Cydewen and this summer certain of the Princes men surprised the Castle of Sr. Roger Mortimer in Melienyth and slew the garrison taking Howel ap Meyric the Captain thereof with his wife and children and the Princes Lieutenant came and destroyed it Then Sr. Roger Mortimer hearing this came with a great strength of Lords and Knights to Melienyth whether the Prince came also and Sr. Roger kept himself within the walls of the broken Castle and sent to the Prince for licence to depart without hurt the Prince having his Enemie within his power A most Christian and heroick act of Lhewelyn took compassion upon him because he was his cozen and suffered him to depart with his people without hurt from thence the Prince went to Brecknock at the request of the people of that Country which swore fidelity unto him and so returned to Northwales Prince Lhewelyn being confederate with the Barons against the King destroyed the Earldom of Chester and raised two of Edwards Castles Tygannwy and Deserth and thither came Edward but did nothing to speak of This year John Strange the younger being Constable of Montgomery came with a great number of Merchers by night through Ceril to Cydewen which when the Countrymen understood they gathered themselves together and slew 200. of his Men but he escaped with his men back again Shortly after the Merchers and the Welshmen met neer Clun Rara est concordia franum where the English had the victory and slew many of the Welsh At this time David the Princes brother whom he had set at liberty forsook him and succoured his foes with all his power Then Gruffith ap Gwenwynwyn got the Castle of Molde and raised it At this time died Meredyth ap Owen the defender of Southwales The Year ensuing King Henry led a great army towards Wales and by the means of Olobonus the Popes Legate there was a peace concluded betwixt the King and the Prince at Montgomery Castle for the which the Prince gave unto the King 30000. marks and the King granted the Prince a Charter to receive from thenceforth homage fealty of all the Nobility and Barons of Wales saving one so that all the aforesaid Barons should ever after hold of the Prince as their Leige Lord and he to be called and written from thenceforth Prince of Wales and in witness of this the King put his seal and hand to the said Charter which was likewise confirmed by the authority of the Pope The year after this dyed Grono ap Ednyvet Vachan a Noble man and chief of the Princes Councel In the year 1270. dyed Gruffith Lord of Bromfield and was buried at Vale Crucis and here endeth the Brittish copy At this place leaveth the Brittish Copy Mr. Lhoyd and writeth no further of the end of this Prince but leaveth him at the highest and most honourable stay that any Prince of Wales was in of many years before The writer peradventure being ashamed to declare the utter fall and ruine of his Countrymen whereunto their own pride and discord did bring them as it doth evidently appear