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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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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
rebellions and disorders the kings of England deuised their Scutagium or Escuage as it is called in the Lawes of England that is to leuy ayd assistance of their tenants in England which held of them Per Seruitium militare to suppresse such disordred Welsh tanquā Rebelles and Non hostes as Rebells and not as forraine Enemies And hence it is that King Henry the third vpon those often reuolts of the Welsh indeuored to resume the Territory of Wales as forfeit vnto him selfe and conferred the same vpon Edward the Longshanckes his heire apparant yet neuerthelesse rather in title then in possession or vpon any profit obteyned thereby For the former prince of Wales continued his gouernment notwithstanding this betweene whome and the said Edward warres were continued Whereof when the said Edward complained to King Henry the third his father the said King made this answer as recordeth Matthew Paris a Cosmographer liuing in that time Quid ad me terra tua est ex dono meo Exerevires primitiuas famam excita iuuenilem et de caetero timeant inimici c. But the Charter of this gift is not now readilie to be found among the Records For after this time it appeareth by the Records of the Tower of London that by the mediation of Oth●bon Deacon Cardinal of S Andrews a peace was concluded between the then Prince of the Welsh blood and the said Henry the 3. which neuerthelesse as it seemeth continued not long for sundry battells were fought betweene the said Edward both before and after he was King of England Lewlyn the last Prince of the Welsh blood and Dauid his brother vntill both the said Prince his said brother were ouercome by the said Edward after he was King of England and who thereby made a finall and full conquest of Wales annexing the same vnto the Crowne of England diuiding some parts thereof into Shires and appointing Lawes for the gouernment of that people Although the Welsh nation doe not willingly acknowledge such conquest but referres it rather to composition The words of the Statute made in Wales at Ruthlan presently vpon the conquest are these Diuina Prouidentia quae in sui dispositione non fallitur inter alia dispensationis munera quibus nos regnum nostrum Angliae decorari dignata est Terram Waliae cum incolis suis prius nobis iure fendali subiectam jam sui gratia in proprietatis nostrae dominium obstaculis quibuscunque non obstantibus totaliter et cum integritate conuertit et corona Regni pradicti tanquam partem corporis eiusdem annexit et vniuit This Territory of Wales thus being vnited the said King Edward vsed meanes to obtaine the peoples good will to strengthen that which he had gotten by effusion of blood with the beneuolence of his Subiects of Wales who promised their harty and most humble obedience if it would please the King either to remaine among them him selfe in person or else to appoint vnder him a gouernour ouer them that was of their owne nation cuntrey The King thereupon purposing a pretty policie sendeth for the Queene then being greate with Child to come vnto him into Wales who being deliuered of a sonne in the Castle of Carnaruon in Wales called by reason thereof Edward of Carnarnon the King thereupon sent for all the Barons of Wales tooke their assurance and submission according to their offers formerly made if they should haue a gouernour of their owne nation affirming vnto them that he was then ready to name vnto them a Gouernour borne in their Countrey and who could not speake any word of English whose life and conuersation no man was able to staine and required their promise of obedience whereunto they yeelding the King thereupon named vnto them his said sonne borne at Carnaruon Castle a few dayes before vnto whom the Barons of Wales afterwards made their homage as appeareth Anno 29 E 1. at Chester The said Edward of Carnaruon after the death of his father was King of England by the name of King Edward the second liuing in a turbulent time betweene him and his Barons was afterwards deposed for his ill gouernment and came to a violent death in the Castle of Barkeley and Edward his sonne by the name of King Edward the third reigned in his steade Neuerthelesse this Edward the third being called Edward of Windsor in the life of his father was created Prince of Wales and Duke of Aquitane in a Parliamant holden at Yorke Edward the third in a Parliament holden at Westminster in the fifteenth yeare of his reigne created Edward his eldest sonne surnamed the blacke Prince Prince of Wales being then of tender yeeres and inuested him in the said Principalitie with these ensignes of honour and as in the Charter is conteined Per sertum in capite et annulum in digit● aureū ac virgam argenteam iuxta morē By a Chaplet of Gould made in the manner of a Garland for the word Sertū importeth by a gould ring set on his finger and by verdge Rod or Scepter of Siluer how be it in the inuesture of the succeeding Princes this Rod or Scepter as appeareth by the Charters of their seuerall creations was changed into a verge of gould The said King for the better maintainance of the said Prince his sonne in honorable support according to such his state and dignity gaue vnto him by his Charter dated the twelfth of May in the seuenth yeere of his reigne of England and in the fourth yeere of his reigne of France and inrolled in the Exchequer in the Terme of S. Hillary in the eighteenth yeere of the said King Edward the third The said Principality and the Mannors Lordships Castles and Lands ensuing to appertaine to the said Principalitie viz. All his Lordships and Lands in Northwales Westwales and Southwales 1 The Lordship Castle towne and County of Carnaruon 2 The Lordship Castle and towne of Conway 3 The Lordship Castle and towne of Crucketh 4 The Lordship Castle and towne of Bewmarish 5 The Lordship Castle and towne of Hardlagh 6 The Lordship Castle and townes and Countys of Anglesey and Merioneth 7 The Lordship Castle towne and County of Caermardin 8 The Lordship Castle and towne of Lampaderuaur 9 The Lordship and Stewardship of Cantermawer 10 The Lordship Castle towne and County of Cardigan 11 The Lordship Castle and Towne of Emelyn 12 The Lordship Castle and Towne of Buelt 13 The Lordship Castle and Towne of Hauerford 14 The Lordship Castle and Towne of Montgomery And all the Lands that were of Rice ap Meridick which came to the hands of King Edward the first together with all the Lordships Cities Castles Borrowes Townes Manours Members Hamlets Lands Tenements Knights fees Voydances of Bishopricks Aduowsons of Churches and of Abbeys Priories and of Hospitals with Customes and Prisages of wines The exercise and execution of
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