The Manuscripts of Rye and Hereford Corporations, Etc. Thirteenth Report, Appendix: Part IV. Originally published by Her Majesty's Stationery Office, London, 1892.
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A MANUSCRIPT VOLUME IN THE POSSESSION OF JOHN DOVASTON, ESQ., OF WEST FELTON, CO. SALOP.
The following is a Calendar of the contents of a large volume, which, according to a note at the beginning, was bought by John Dovaston, Esqre., at a sale of books after the decease of Mr. More, of Linley, in 1781, at Linley House in Shropshire, for 5s. The book may have come into the possession of Mr. More's ancestor Col. Samuel More, who was a leading Shropshire Parliamentarian when Ludlow Castle was taken and dismantled in 1646.
f. 1. 1586, September 15, Windsor Castle.—Instructions given by the Queen to Henry, Earl of Pembroke, Lord President, and the Council in the Marches of Wales, perused by the Archbishop of Canterbury, William, Lord Burghley, Sir James Crofte, and Sir Christopher Hatton.
The Council is to consist of William, Earl of Worcester, Henry, Earl of Derby, Edmund, Bishop of Worcester, William, Bishop of Llandaff, William, Bishop of St. Asaph, Marmaduke, Bishop of St. David's, Herbert, Bishop of Hereford, Hugh, Bishop of Bangor, Sir James Crofte, Controller of Her Majesty's Household, Sir George Bromley, Justice of Chester, Sir John Perot, John Puckering, Serjeant at law and one of the justices of Sowales (sic), Thomas Egerton, Solicitor General, Edmand Walter, one of the justices of Sowales, Charles Fox, Her Majesty's Secretary there, Edward Leighton of Watlesburgh, Esquire, William Leighton of Plash, Esquire, one of the justices of North Wales, William Aubrey doctor of law, Fabian Phillips, esquire, one of the justices of North Wales, Henry Towneshend, one of the justices of North Wales and the county palatine of Chester, Elice Price, doctor of law, Richard Pates, esquire, Jerome Corbet, esquire, and Thomas Atkins, esquire. The Chief Justice of Chester and the Secretary of shall give continual attendance except as specified.
(The Instructions are based upon those of 1574 printed in Documents connected with the History of Ludlow, pp. 309—334, but they are somewhat fuller and not arranged in the same order. Those of 1574 are among the Lansdowne MSS. in the British Museum, No. 49, art. 82.)
f. 9. 1586–7, February 24, Westminster.—Commission to Henry, Earl of Pembroke, Lord President of the Council in the Marches of Wales, to be the Queen's Lieutenant in the Principality of South Wales and North Wales, the Marches adjoining and the counties of Worcester, Monmouth, Hereford, and Salop and all corporate and privileged places therein.
f. 9b. 1591, April 8, Ramesbury.—H. Earl of Pembroke to the Council in the Marches at Ludlow. Notifying his appointment of Henry Meirick to be Steward of Her Majesty's Household in the Marches.
f. 10. 1590, June 21, Greenwich.—The Queen to the Earl of Pembroke. Considering his indisposition of health and inability to repair to Wales to hold the session, Sir Richard Shuttleworth, the justice of Chester, has been ordered to repair to Bewdley for the purpose. Her attorney there has by some oversight been named one of the Council, and so at his will occupies the place of a judge. As it is inconvenient and not compatible for him to be both an advocate and a judge, the Lord President is by private letter to advise him to forbear from taking the place of one of the Council.
f. 10b. Memorandum that the Lord President wrote to Mr. Attorney accordingly.
f. 10b. 1590., July 10, Bewdley.—Order by the Council for the admission of Peers Madoxe to be one of the ordinary messengers and pursuivants of the Court in the place of Roger Gruff alias Barbor who desires to be removed on account of his age.
f. 11. Forms of oaths to be taken by the Attorney and the Examiner.
f. 11b. 1594, May 22. Greenwich.—The Queen to the Lord President and the Council. Order for the admission as Councillors, of the Bishops of Bangor, Worcester, Llandaff, and St. David's, William, Lord Chandos, Sir John Harington, Sir John Danvers, Sir Henry Poole, George Kingesmill, serjeant at law, Richard Atkins, esquire, "John Crooke thelder brother, esquire," Richard Broughton, esquire, Thomas Cornwall, esquire, Richard Corbett of Moreton, esquire, and William Fowler, esquire.
f. 12. 1590, April 19. Baynard's Castle.—H. Earl of Pembroke to the Council in the Marches at Ludlow. On behalf of Peers Madoxe who has been recommended by Roger Barbor and others.
1590, July 12. Ludlow.—Roger Griffethes alias Barbor to the Lord President and Council. Notifying his agreement with Peers Madoxe and acknowledging the receipt from him of 40l. and a bond for the payment of 20l. more for the messengership.
f. 12b. 1590, December 16. Richmond.—The Queen to the Earl of Pembroke, Lord President. Order for the admission as Councillors of Edward, Earl of Worcester, Giles, Lord Chandos, Sir Thomas Lucy, Sir Richard Barkley, Sir Thomas Throckmorton, Sir William Herbert of Swansey, and Thomas Owen, serjeant at law. (Printed in Documents connected with the History of Ludlew, p. 355, from draft in Lord Burghley's handwriting).
1590[–1], January 18, Ludlow.—Memorandum of the admission of Sir Thomas Throckmorton.
1590, December 31. Ramsbury.—The Earl of Pembroke to Sir Richard Shuttleworth. Desires that Sir Thomas Throckmorton may be summoned to repair to the Court. Notifies his appointment of the bearer, Thomas Evans an old clerk of the Court to be an attorney in the place of Griffith Evans.
f. 13. 1590, November.—Petition to the Council by John Spencer of Penmarcke co. Glamorgan, yeoman, "beinge a poore servingeman," for a writ of error in an action of trespass brought against him by Anthony Maunsell, esquire, before the justices of Great Sessions in the said county; and subsequent proceedings thereon.
f. 17. 1596, December 10. John Fortescue to the Queen's woodward in the county of Hereford. Warrant, upon information from John Taverner, gentleman, surveyor of Her Majesty's woods, to deliver to the Steward of household of the Council of the Marches so many firewood trees out of Orleton wood as may make 600 loads of wood and coal, the said steward paying for the felling of the same, "provided alwayes that no tymber tree be falne by cullor hereof."
Memorandum of the delivery of this letter to Mr. Morgan, steward of the household, after registration.
f. 17b. 1589, August 13. Westminster.—Letters patent granting to Arthur Messinger, gentleman, the office of examiner.
f. 18. 1598, August 14. Wilton.—The Earl of Pembroke to the Council in the Marches at Bewdley. Order for the admission of Messinger to the office of examiner.
f. 18b. 1598, August 16. Bewdley.—Order for the admission of Arthur Messinger.
1598, September 24.—Appointment by Foulke Grevyle of Beauchamp Court co. Warwick, esquire, of John Powell to be his deputy in the office of clerk of the Council in the Marches.
1598, November 14. Wilton.—The Earl of Pembroke to the Council in the Marches at Ludlow. Order for the admission of John Powell to be clerk of that Council.
f. 19. 1598, November 20. Ludlow.—Admission of John Powell as above.
f. 20. 1602, July 7. Greenwich.—Instructions given by the Queen to Edward, Lord Zouch, Lord President, and the Council in the Marches of Wales.
The Council is to consist of Edward, Earl of Worcester, Master of the Horse, William, Earl of Pembroke, the Bishops of Worcester, Hereford, Chester, Gloucester, St. Asaph, St. David's, Bangor, and Llandaff, for the time being, Edward, Lord Stafford, William, Lord Chandos, John Herbert, esquire, Her Majesty's Second Secretary, Sir Richard Lewkenor, chief justice of Chester, Sir John Scudamore, Sir John Leighton, Sir John Harrington, Sir Richard Barkely, Sir Richard Bulckely, Sir Henry Poole, Sir Thomas Lucy, Sir William Herbert of Swansey, Sir Edward Wynter, Sir Thomas Mauncell, Sir Richard Treavor, Sir Thomas Jones, Sir Thomas Mostyn, Foulke Grevill esquire, Her Majesty's Secretary there, John Crooke esquire, one of the justices of South Wales, William Leighton esquire, one of the justices of North Wales, Henry Towneshend, esquire, second justice of Chester, Richard Atkyns esquire, another of the justices of South Wales, Thomas Coventree of Crome co. Worcester, esquire, George Wylde of Wicke co. Worcester, esquire, Richard Barker, esquire, another of the justices of North Wales, William Oldisworth, another of the justices of South Wales, Thomas Cornewall of Burford co. Salop, esquire, Richard Corbett of Moreton co. Salop, esquire, Herbert Croft of Croft co. Hereford, esquire, Francis Newport of Eaton co. Salop, esquire, Edmond Coles of Lighe co. Worcester, esquire, Roger Owen of Condover co. Salop, esquire, Roger Puleston of Emerall co. Flint, esquire, Richard Pryce of Cogarthen co. Cardigan, esquire, Hugh Hughes, esquire, Her Majesty's attorney in North Wales, and Richard Davies of Waterston co. Hereford, esquire.
Sir Richard Lewkenor, John Crooke, Henry Townshend, and Richard Atkyns, or three of them, of whom the said Sir Richard Lewkenor, chief justice of Chester shall be one, shall give continual attendance except as specified.
(The Instructions are based upon those of 1574 and 1586, but they differ somewhat from either.)
f. 30. N.D. Instructions given by the King to the Lord President and the Council in the Marches. (Enrolled on the dorse of the Close Roll, 7 James I.).
f. 44. 1616, July 19. Theobalds.—The King to Sir Thomas Chamberlaine, Chief Justice of the county palatine of Chester. Order to consider and determine the complaint of Richard Shirburne of Stonihurst co. Lancaster, esquire, holding an estate in Chirk co. Denbigh, lately the inheritance of John Edwardes, esquire, that sundry great parcels of the commons and wastes of that lordship have been wrongfully enclosed by Sir Thomas Midleton, Alderman of London, contrary to a charter of Henry VII. and other grants, and to orders made by the Council of Queen Elizabeth in the Marches.
Certificate by Sir Thomas Chamberlain and Sir Henry Towneshende, two of the Council in the Marches, that, at the term at Ludlow which began the Monday after Whitsun week and continued a month, they heard above 260 causes net down for hearing, concerning poor men, at a small charge to them and near their own country, besides as many rules and motions, and besides many misdemeanours. They thank the King for his mention of this Court in his speech in the Star Chamber. They likewise by this Court preserve his possessions in the Principality of Wales, both for his tenants, forests, chases, parks, deer woods, and all other profits, and punish the thieves and stealers of his deer there, and also those keepers who have neglected their duty.
f. 44b. [1621.] F. Viscount St. Albans, Lord Chancellor, to the Earl of Northampton, Lord President, and the Council in the Marches. He has always continued one man, consistent. "The Starr Chamber ought not to forerunne or preoccupate by dealinge in the collaterall pointe [of perjury], while the principall is undiscussed, but yf the plea be judged and determyned, then it is the birthright of the subject, yf the cause be worthy of yt, that he may complayne in the high courte of Starr Chamber for the grief he susteyned by perjurey or abuse of justice in those other courtes . . . . in the Kinges Bench, Common Pleas, Exchequer, Court of Wards, from which the provincial Councells may in noe sort be exempted."
f. 45. 1582–3, January 4.—Ludlow. Order by the Council for the creation of the office of Remembrancer, and assignment of certain specified duties thereto.
f. 46b. 1621, June 21. Westminster.—Letters patent granting to Richard Randall and Thomas Beale, gentlemen, and the survivor of them the office of Remembrancer in any court before the Council in the principality of Wales.
f. 48. 1609, December 4.—Bewdley. Ancient orders as to procedure, etc. in the Court, renewed with some additions by the Lord President and the Council.
f. 51. 1604, October 26. Ludlow Castle.—The Council in the Marches to Sir John Popham, Lord Chief Justice of England. He has awarded a writ of habeas corpus to the porter attending this court for sending up the body of one John Farely now remaining in ward in the porter's lodge, but by precedents of former times it appears that no such writ from any of His Majesty's Courts have been here allowed. On all occasions private letters have been written from the Courts at Westminster and answered to the good satisfaction of the same. The Lord President, who is in London, is well acquainted with the cause of this man's commitment.
1599, June 19. Westminster.—Letters patent appointing John Fleet of the Inner Temple Esquire to be attorney in the Principality of Wales and the Marches.
f. 52.—"A Kalender" of the names of the gentlemen admitted to the Council in the Marches who took their oaths according to the Instructions given to Lord Eure dated May 24, 1609:—
f. 53. 1603, June 30. Inner Temple.—Sir Edward Coke to Sir Richard Lewkenor, Chief Justice of Chester and the rest of the Council in the Marches. Desires them to admit the bearer, Mr. Bird, as deputy for Richard Cartwright gentleman, appointed by letters patent to the office of Examiner in the place of Arthur Massinger gentleman, deceased, but now otherwise employed in the King's service.
f. 53b.. 1603, May 29. Westminster.—Letters patent granting to Richard Cartwright the office of Examiner.
f. 55b. 1603, June 30.—Deed of Richard Cartwright of London gentleman appointing Peter Byrde of Paynswick co. Gloucester, gentleman, to be his deputy in the office of Examiner.
f. 58. 1603, September 20. Shrewsbury.—Order by the Lord President and the Council concerning the manner of making oaths or affidavits.
f. 59. 1603, September 2.—Deed of Richard Cartwright of London, gentleman, appointing John Parry of London gentleman to be his deputy in the office of Examiner.
f. 60. 1603–4, February 8. Ludlow.—Order by the Lord President and the Council concerning the entry of appearances in Court.
f. 60b. 1607, November 10. Ludlow.—A further order concerning the same.
f. 61. 1604, March 28. Westminster.—Letters patent granting to Peter Byrd, gentleman, the office of Examiner.
f. 62b. 1604, August 2. Bewdley.—Memorandum that the signet of the late Queen Elizabeth remaining with the Lord President and the rest of the Council in the Marches was this day broken and defaced.
f. 63. 1606–7, January 15. Ludlow.—Order concerning the fees to be paid to Peter Byrd or his deputies.
f. 64. 1606, July 12. Westminster.—Letters patent appointing John Hooper gentleman to be clerk and receiver of fines and forfeitures, on the nomination of the Lord President.
f. 65. 1606, November 30. Ludlow.—Order for the admission of Piers Gruffith gentleman to the office of Messenger in the place of John Tullye resigned.
1606. December 3. Ludlow.—Admission of Piers Gruffith accordingly.
f. 65b. 1620–21, January 25. Ludlow.—Licence to Richard Jones esquire, serjeant at arms, to go to London remaining absent for a month.
1625, September 12. Deed of Foulke, Lord Broke, appointing Richard Cam and Thomas Crumpe to be his deputies in the office of Secretary and Clerk of the Council in the Marches.
f. 66. 1607, July 1. Westminster.—The King to Sir Richard Lewkenor, Chief Justice of Chester and the rest of the Council in the Marches. Concerning the manner of taking oaths or affidavits.
f. 66b. 1607, July 17. Westminster.—Letters patent for Sir Fulk Grevill.
f. 67. 1607, July 31.—Deed of Sir Fulk Grevil appointing William Bevan of Ludlow, gentleman, Thomas Coxe of Catstrey co. Salop, and Richard Cam of Ludlow, to be his deputies for taking oaths or affidavits.
f. 67b. 1608, June 28. Greenwich.—The Lords of the Council to the Sheriff of the county of Gloucester. There has been of late much controversy about the jurisdiction and authority of the Council established in the Marches of Wales, especially concerning jurisdiction in the counties of Gloucester, Worcester, Hereford, and Salop. Complaint has been made that the Sheriffs of these four counties have usually refused to execute process directed to them by that Court. The King has caused the controversy between the Lord President of that Council and the chief judges of the realm to be brought before his Council, to be heard and determined in Michaelmas term. In the meanwhile his pleasure is that the Sheriffs are not to refuse to execute any process directed to them by the Council in the Marches that shall be agreeable to the instructions given by the King to the Lord President thereof.
f. 68. 1607, September 25. Hampton Court.—The King to the Treasurer, Chancellor, Chamberlains, Barons, and other ministers of the Exchequer. Warrant for payments to the receiver of the fines before the Council in the Marches.
f. 68b. 1608, August 16. Grafton.—The King to Lord Eure, Lord President of the Council in the Marches. Ralph Clare, Esquire, keeper of the King's house at Tickenhill "hath forgotten himself" in refusing to receive the Lord President and the Council without reserving some rooms to himself. He has been commanded to receive them immediately. As he has letters patent for the park and the herbage thereof, and the King is far from his learned counsel and has not many of his privy council in attendance, the consideration of that question is deferred until next term.
f. 69. 1609, May 29. Westminster.—Letters patent granting to William Vaughan, Esquire, the office of King's Solicitor.
f. 70. 1609, December 23. Westminster.—The King to the Lord President and the Council in the Marches. Warrant authorising Peter Mutton, Esquire, one of the King's Council in the Marches, and his Attorney there, in succession to John Fleet, Esquire, resigned, to prosecute all matters of misdemeanours, and also to practise, advise, and give counsel.
f. 70b. 1610, December 8. Westminster.—The King to the Lord President and the Council in the Marches. Warrant for the admission of Nicholas Overbury, Esquire, to the office of a Councillor in the place of Richard Atkyns Esquire, deceased.
f. 71. 1609–10, January 25. Bewdley.—Order by the Lord President and the Council that no attorneys or clerks shall offer suits to obtain commissions with the bills enclosed before the defendants shall have answered the matters contained in such bills, or offer warrants for signature until after the return of letters missive awarded therein, under penalty of committal to ward for the first offence and expulsion for the second.
f. 71b. 1610, October 20. Westminster.—The King to Lord Eure, Lord President. Warrant authorising his absence from Parliament.
f. 72. 1609–10, February 12. Westminster.—Letters patent appointing Sir Herbert Croft, the King's woodward in the county of Hereford, and his deputy, to do and execute certain matters specified in a schedule thereto annexed.
f. 73. 1576[–7], March 24. Westminster.—Orders set down by the Queen, with the advice of Her Privy Council, for the direction and reformation of her Court in the Marches. (Printed in Documents connected with the History of Ludlow, pp. 335–348.)
f. 77b. 1611, May 24.—Proceedings in a suit between John Hall and Elizabeth his wife, plaintiffs, and Richard Booth, defendant, concerning debt.
f. 78. 1611, September 9.—Deed of Rowland Scudamore of Cradock co. Hereford, appointing Richard Cholmley, gentleman, to be his deputy in the office of Porter before the Lord President and the Council in the Marches.
f. 78b. 1611, November 9. Shrewsbury.—Order that orders of continuance, etc. shall be submitted to the King's Attorney for signature.
f. 79. 1611[–2], January 20. Shrewsbury.—Order concerning the hearing of causes.
f. 79b. 1611, November 2. Shrewsbury.—Order for the admission of Robert Medcaulfe late of Staple Inn, gentleman, and now servant to Lord Eure, to be one of the attorneys in the Court of the Marches.
f. 80. 1613, November 3. Hunsdon House.—Ralph, Lord Eure, to the Deputy Lieutenants in all the shires of his Lieutenancy. Warrant for the exemption of Counsellors at the bar of the Court of the Marches from appearance at the musters.
1614, July 14. Hunsdon House.—Ralph, Lord Eure to Sir Robert Needham, Vice-President, and the rest of the Council in the Marches.
Enclosing fourteen letters, for the thirteen shires of Wales and the town of Monmouth, and a bundle of proclamations, for the supply of voluntary contributions to the King.
f. 80b. 1614, December 3. Ludlow.—Order concerning Sheriffs and bailiffs.
f. 81. 1614, December 3. Westminster.—Letters patent granting to Marmaduke Lloyd, esquire, the office of King's Attorney in the place of Peter Mutton, resigned.
f. 82b. 1617, August 9. Asheton.—The King to the Lord President in the Marches. Warrant for the admission as Councillors of Sir Francis Bacon, Lord Keeper of the Great Seal, George, Earl of Buckingham, Master of the Horse, Sir Gilbert Gerrard, Sir Peter Warberton, a justice of the Common Pleas, Sir John Crooke, a justice of the King's Bench, Sir Henry Yelverton, Attorney General, Sir Richard Mollineux, baronet, Sir Thomas Gerard, baronet, Sir John Peshall, baronet, Sir William Throckmorton, baronet, Sir John Stradlinge, baronet, Sir Peter Leigh, Sir Edward Lewis, Sir Walter Chetwynd, Sir Henry Williams, Sir William Thomas, Sir Roger Mostyn, Edward Fytton, Charles Gerrard, Thomas Price of the priory of Brecon, William Dutton, John Fleete and Richard Fowler. (Printed in Documents connected with the History of Ludlow, p. 360.)
f. 83. 1613, December 27. Westminster.—Letters patent granting to Thomas Powell, esquire, the office of King's Solicitor.
f. 84. 1615, November 25. Ludlow.—Order that the messengers shall be sent once only to disobedient persons.
f. 84b. 1615[–6], January 17. Westminster.—The King to the Lord President aud the Council in the Marches. Warrant for the admission as Councillors of Thomas Chamberlain, serjeant at law, and Francis Eure, knight, in the place of Richard Barker, esquire, deceased.
f. 85. 1610, December 28. Westminster.—The King to the Lord President in the Marches. Warrant for the admission as a Councillor of Nicholas Overbury esquire, in the place of Richard Atkyns, esquire, deceased.
f. 85b. 1615, March 20. Whitehall.—Lord Chancellor Ellesmere, Ralph Winwood, and Fulke Grevill, to the Lord President and the Council in the Marches. Sir John Wynn, baronet, one of the Councillors in the Marches, has upon a sentence decreed against him in that court for misdemeanours committed by him and his servants, repaired to Whitehall, hoping to be relieved therefrom by petition to the King. Now, "in coulde bloud upon better advisement findinge his errors," he has resolved to submit. It is desirable in this case "to follow that course of grace and favor which is practised in the Starre Chamber, where, upon humble submission to the censure of that Court, both the tyme of ymprisonment is abridged and the fine imposed eyther whooly remitted or in the greatest parte (of course) abated." This gentleman's voluntary submission "soe strongly allyed in his cuntery and supported with soe powerfull freends in court, will add more grace and lustre to the authority" of the Lord President than if he had been at first apprehended and detained in prison. He should be favorably treated both as to the restraint of his person and the fine. The fine of 40l. allotted to John Conway, the relator, who was supposed to have been suborned by Henry Salisburey, esquire, and the allowance of 20s. a day to the serjeant-at-arms who sought Sir John Wynn in vain should be reduced, and the pursuivant's charges disallowed.
1616, March 29. Ludlow Castle.—Memorandum of the submission of Sir John Wynne of Gwithur in the presence of the Lord President and five other members of the Council.
f. 86. 1616, May 21. Greenwich.—The King to the Lord President and the Council in the Marches. Warrant for the admission of Sir Thomas Chamberlain serjeant-at-law, chief justice of Chester, and justice in the counties of Denbigh and Montgomery, to be a member of the Council "as in former tymes all justices of Chester have been."
1614, August 20. Woodstock.—The King to the Lord President and the Council in the Marches. Warrant for the admission of Rowland White and Thomas Alured to the office of Remembrancer.
1614, November 8. Ludlow.—Order for the admission of the above, Thomas Alured being present.
f. 86 b. 1618, June 12. Fleet Street.—The Prince's Council to the Lord President and Council in the Marches. Arrears of cordwood due to Sir Henry Wallop out of the forest of Darvall (i.e., Deerfold in Herefordshire) are to be made up to him. The underwood in the forest of Bringwood and the Chase of Mccktree are to be allowed towards fuel for his Majesty's use at Ludlow, and to be cut according to a constant proportion yearly.
f. 87. 1618, November 27. Fleet Street.—The same to the same.
Thanking them for the progress they have made in reforming of sundry abuses offered to his highness by the Lessees of the Manor and Park of Bewdley, and praying "that the same may be prosecuted to effect in that Court [of the Marches] being in our opinion the fittest place of all others for that purpose." The grant to Sir Henry Wallop of 2,000 cords of wood yearly from the forest of Darvall has been resumed by his highness in regard of the great loss and detriment received thereby. A mill and dwelling house in the chase of Bringwood, and certain parcels of land in the forest of Mocktree the chase of Bringwood and the forest of Darvall have been let to Edward Danahan Esqre Steward of his Majesty's house at Ludlow for the rent of 100 marks yearly; and out of this six hundred cords of wood and 4,000 faggots are to be yearly assigned towards the provision of fire for his Majesty's house at Ludlow.
f. 87b. 1619, December 24th. Ludlow.—Order for the admission of Thomas Pingle to the office of messenger in the place of Peers Griffeth, gentleman, resigned.
f. 88. 1616, October 9. Westminster.—Letters patent being an inspeximus made at the request of the Lord President in the Marches.
f. 91. 1616, November 7. Ludlow.—William Connar, Deputy Ranger of the King's forest of Feckenham, to the Lord President and the Council in the Marches. Certifies that since he took office under Sherington Talbot, Esquire, two years before, he has supplied them with three bucks and three does yearly, serving them out of his friends' parks so as to increase the game in the forest, which has within that period increased by two hundred deer of all sorts.
f. 91b. 1608, May 23. Westminster.—Letters patent granting to Griffin Jones, gentleman, the office of porter (janitor) of Ludlow Castle.
f. 92b. 1618–9, February 8. Ludlow.—Order for the admission of Henry Trotman, gentleman, to be an attorney in the place of Robert Watkins, gentleman, deceased. Signed by W. Earl of Northampton.
f. 93. 1619, December 17. Fleet Street.—Order by the Prince's Council that whereas the Lord President and the Council in the Marches have been "most observante and respective to see his highnes revenewes and royalties and woodes in those partes carefullie kepte and mainetained" they shall have "in some manner of acknowledgment and retribucion" all woods and underwoods, except timber trees, in the chace of Bringwood and forest of Mocktree, for the provision of fuel for his Majesty's house at Ludlow, and "that a warren shalbe erected upon some parte of the comon of Mocktree" for the provision thereof.
f. 93b. 1620, June 15. Theobalds.—W. Earl of Northampton to Sir Thomas Chamberlain, Chief Justice of Chester, and the rest of the Council in the Marches.
"Whereas Mr Alured hath verie unadvisedly written a lettre against the match with Spayne, the which the King and his Councell hold to be a grate presumption in him and therefore hath comitted him to close prison in the Fleete," and the scattering of copies thereof may mislead the simple and ill-affected, it is his Majesty's pleasure that all such shall be sent to the Lord President with the names of such persons as shall be found to have them or to divulge them.
Postscript: —"The Kinges pleasure is that you take care that the Lottery shall be presently removed from Beawdeley and that it contynue noe longer within the Marches of Wales to the ympoverishing of his subjectes there unles it be in some greate and wealthy towns or citties, with speciall care of the governors that the poore be not suffered to venture, or ells to be absolutely dismissed and forbidden according as you in your discreacion and wisdome shall think fitt."
1617, May 21.—Memorandum that this day in full Court, in sight and presence of the whole assembly, the Lord President, humbly kneeling upon his knees, took the oaths of supremacy and allegiance ministered to him by the Chief Justice of Chester. He then caused to be openly read two several Commissions of Oyer and Terminer, one for the Principality of Wales and one for the counties of [left blank]; and also one other Commission of Lieutenancy from the King's Majesty to his Lordship directed for the Principality and Marches of Wales and for the Counties of [blank] excepting only [blank]. And immediately after the said Sir Thomas Chamberlain and the rest of the said Council (all kneeling on their knees) took the said oath of supremacy and allegiance and the oath by his highness' instructions set down and appointed to be taken by all such as are ordained of the said Council.
f. 94. 1616, April 6. Ludlow Castle.—Lord Eure to Lord Chancellor Ellesmere. Announces the death of Sir Richard Lewkenor. Recommends that his place be conferred on Serjeant Chamberlayne, "only herein I beseech your Lordship to do me the honour in the eye of the world that he (or whomsoever it be) be not brought in without my privity." Recommends his own brother Sir Francis Eure to succeed him, in the circuit of North Wales. (Note at foot of letter) "Sir Richard Lewkenor died at 7 of the clock this Satterday the 6 of April."
f. 94b. 1616, April 26.—Lord Ellesmere to ____.
I have sent you two patents for Serjeant Chamberien for the office of Justice of the County Palatine of Chester and of Flintshire in Wales which Sir Richard Lewkenor lately had, in the terms of the former patents to Sir Richard Lewkenor and Sir Richard Shuttleworth and other their predecessors, to be presented to his Majesty for his signature. "This gent, hath such a generall commendation for his late services in the provinces of North Wales I never knew Judge have the like."
f. 94b. 1616, July 17. Hunsdon House in the Blackfriars.—Lord Eure to Sir Thomas Chamberlen Knight, Chief Justice of Chester and of his Majesty's Council established in the Principality and Marches of Wales. Congratulations on the report that is spread of his worthy doings in advancement of His Majesty's service in every place. Has appointed Sir Francis Eure Chief Justice of North Wales to keep the Court at Ludlow until he begins his circuit which will be about the 6th of August.
f. 95. 1616, May 23. Hunsdon House.—Lord Eure to the Council of the Marches. Sends the King's letters for the admittance of Sir Thomas Chamberlen. Sir Thomas Cornwall and Mr. Harley are to be sent for to administer the oath, and to assist the Chief Justice in disposing of the Court's business, as the term begins on Monday morning next. The officers and ministers of the Court are to go out on Saturday after dinner to meet the Justice on his first coming. The pursuivants are to take the enclosed letters from the Lords of the Council and himself to the Deputy-Lieutenants, for general musters.
f. 95b. 1616, May 21. Manor of Greenwich.—Warrant to appoint Sir Thomas Chamberlen to be of the Council. Another copy is on f. 86, ante.
f 96. 1620, May 24. York House.—Lord Verulam, Chancellor, to Sir Thomas Chamberlayn. I have received his Majesty's pleasure signified by my Lord Marquis Buckingham that you should be made one of the Judges of the King's Bench.
1620. June 22. York House. The same to the same. His Majesty is pleased that you accept. You can hold your present circuit as fixed, and take your seat in the King's Bench at the beginning of Michaelmas term.
f. 96b. 1620, November 3. Palace of Westminster.—Warrant to the Earl of Northampton Lord President and the rest of the council, in the same form as above, to appoint Sir James Whitlock, Chief Justice of Chester, &c., one of the Council of the Marches; and memorandum that he took the oath accordingly 8 Nov. 1620 in presence of the Lord President, Sir Henry Townshend, and Sir Francis Eure.
f. 97. 1610–11, January 10.—Letters patent to Thomas Alured for the office of Groom of the Wardrobe within the Principality and Marches of Wales, and of making the Bills of Complaint for matter of debt to be exhibited before the Council there, in reversion after the death of Thomas Stevens, for his life.
f. 98. 1621, March 30. Ludlow.—Thomas Stevens having lately died and various persons claiming a right to succeed him, Thomas Burghill is appointed to the office of keeping the wardrobe, and William Bowdler to that of making of bills of debt, until further order is taken by this Court. Signed by James Whitlock.
f. 98. 1621. May 8. Savoy.—The Earl of Northampton to Sir James Whitlock Chief Justice of Chester and the rest of the Council, at Bewdley. I have consulted Mr. Attorney General, who is clear of opinion that Mr. Alured hath the sole right to the above offices, so I have given them to him, and leave you to determine what is reasonable as to the claims of others.
f. 98b. 1621, May 20. Bewdley.—Order, after recital of letters patent to Thomas Stephens and Thomas Alured, and judgment in a scire facias setting aside a former grant of the said offices to James Ambler, and the above letter of Lord Northampton, that Thomas Alured be admitted to the offices in question. Signed by Hen. Townshend.
f. 99. Trinity Term, 1621. Bewdley.—"The coppie of a Report made by those whose names are underwritten for the explaining of a Clause in the present Articles of His Majesty's Instructions, published 12 No. 1617, (of saving of his place to the Chief Justice of Chester as aunciently hath been used). [For the Article, see Rymer's Fædera xvii. 30.]
"We whose names are underwritten do affirm upon our knowledge that the Chief Justice of Chester hath allwaies had place and precedence at the Counsell in the Marches of Walles, as well out of Court as in Court, next to the Lord President, and above such bishops and Noblemen of the said Counsell as have resorted thereto for his Majesty's services.
I Henry Townshend Knight one of his Majesty's Counsell there affirm this to be true upon my personal observation for 44 years last past."
Signed also in similar form upon personal observation for about 30 years, Edward Littleton Esqre. one of His Majesty's Counsell there.
- 37 years. Brian Crowther, Esqre Counsellor at the barr there.
- 30 years or thereabouts. Richard Smith, Esqre Counsellor at the barr there.
- 26 years. Edward Waties, Esqre Counsellor at the barr there.
- 18 years. Richard Blunt, Esqre Counsellor at the barr there.
- 18 years. Thomas Eyton, Esqre Receiver of his Majesty's ffines.
- 20 years. Richard Jones, Esqre his Majesty's Serjeant at Armes.
- 14 years. George Leigh, Yeoman Usher of Counsell Chamber.
- 49 years. Richard Cam, gent, attendant in the office of the Clarke of the Counsell. He adds "I have also observed out of the Records of the Court there, and out of the Counsell Chamber books, that in all decrees in Court, and in all letters written from the Counsell table, the name of the Chief Justice is subscribed next after the name of the Lord President, and after the Chief Justice the names of Bishops and noblemen that were present.
- 58 years. Roger Bradshawe, gent, attendant in the said office of Clarke of the Counsell.
- 50 years. William Aston, gent, attendant in the office of Clarke of the Signett at the Counsell in the Marches.
f. 100. 1613–4, February 10. Ludlow.—Writ of Error. Walter Jones of Tregyb [in the Parish of Llandilovawr] in the County of Carmarthen complains that one Roderic William has recovered Judgement in an Action of Debt for 500l. against him in the Great Sessions of the said County of Carmarthen before his Majesty's Chief Justice of the same great Sessions, and has sued out execution thereon, and that there are manifest errors in the proceedings; whereupon the Justices of the said Great Sessions are ordered to send the whole proceedings to the Council of the Marches that they may reform such errors if any; and the Sheriff of Carmarthen is forbidden to proceed with the execution until further order taken in this Court. Signed by Sir Henry Townshend, Knight.
f. 100b. 12 Jac. 1. Apr. 5. Ludlow—By Mr Justice Sir Henry Townshend Kt. Walter Jones appearing before the Council, and the Council being satisfied that he has used all diligence to bring the Record into Court, but no return or Certificate of the former proceedings has been made to this Court, it is ordered that letters like the last letters be sent to the Justices of the Great Sessions of Carmarthen, returnable in this Court on the 1st of July next.
___ 12 Jac. 1. July 8. Salop.—By Richard Lewkenor, Kt. Chief Justice, and Mr Justice Barker. Plaintfff and Defendant appearing by Counsel, a Certificate was produced from Nicholas Overbury and Richard Payton Esqres Justices of the Great Sessions of Carmarthen to the effect that a special verdict had been found in the case and judgement given, both parties being represented by Counsel, that they forbear to certify the Record until the Plaintiff in error can show them some matter of error fit to be examined, as by law required, which he has not done, and it appears he is only now aiming at delay. Thereupon it is ordered that a writ of Supersedeas be sent to the Sheriff ordering him to execute any writ of execution which may be sent to him hereafter against the plaintiff, but this writ is not to be delivered to the Sheriff till after the next great Sessions of the County, to give the Plaintiff an opportunity of satisfying the Justices that there is a case of error which may be argued, and if he can do so then the writ is not to be delivered until the errors are examined in this Court. And it appearing by the affidavit of Griffiths ap Ivan that he duly delivered the alias writ of error to Nicholas Overbury Esqre who hath not yet sent or satisfied the said Record, it is ordered that a pluries writ of error be directed to the Justices returnable 10 Nov. next.
f. 101. 12 Jac. 1. December 5. Ludlow.—By the Vice President Sir Henry Townshend. A Plus Pluries writ of error sent, returnable 27 January next;
___ 10 Dec. Ludlow.—Form of the said writ.
f. 101b. Record of the trial before Nicholas Overbury and Richard Payton Esqres at Carmarthen on the 23rd March in the 9th year of Jas. 1.
f. 103b. 23 Jas. 1. February 23. Ludlow.—Appointment of William Skirme to be an attorney in this Court in the place of Richard Boult, gent., deceased. He has taken the oath accordingly. Signed by James Whitelock, H. Townshend.
f. 104. 23 Jac. 1. Dec. 5. Ludlow.—"Whereas great contention and grief is like to arise within the County of Carnarvon touching the election of a knight of the parliament within the said County at the next County Court, in which election it is feared, if factious persons be suffered to carry weapons in the town when the said election shall be, that blood and breach of his Majesty's peace may ensue therein if great care be not had to prevent the same" it is ordered that His Majesty's letters be sent to the Sheriff and Justices of the Peace of the said County to be present at the said election, to see the peace preserved, and that the said County Court be held in the open and public place where the Great Sessions of the County are usually held, and that the Sheriff cause proclamation to be made in the said Court before the election that no one except the Sheriff and his servants in livery and officers do bear any weapons in or to the said Court during the said election. If any do so, they are to be bound over to appear in this Court on the 22nd January next, or to be committed to gaol if they refuse to be bound.
Signed by Wm. Northampton, James Whitlock, Henry Townshend.
The like letter to the Sheriff Justices of Peace and Bayliffs of the County of Worcester.
104b. 1620, last of February. Savoy.—The Earl of Northampton to Sir James Whitlock at Ludlow Castle.
"The chief and only business that is moved in the parliament house concerning Wales is a general desire of the Knights and Burgesses of the Principality to repeal the clause of the Act of 34 Henry 8, as I take it, whereby the King hath power to reform all manner of former ordinances and ordain what other he will beside, whereby all such laws and ordinances to be hereafter made devised and published by the authority of this Act by the King's Majesty in writing under his great seale shall be of as good strength virtue and effect as if they had been had and made by authority of Parliament. Now how this may be prejudicial to the King's power or government or validity of our Instructions I am not yet satisfied, but before the Act pass I will be well informed by the King's Counsell, and do desire that I may receive instructions from you and the rest of the Counsell if you doubt anything in it. The petition for His Majesty's allowance for repealing this clause was delivered within these two days, the consideration whereof was referred to my Lord Chancellor and myself. I have no more at this time, but commending myself most heartily unto you and your associates, do rest your very loving friend, Wm Northampton."
f. 104b. 1620, March 8. Ludlow Castle.—Sir James Whitelock, Sir Henry Townshend, and Sir Francis Eure. We have considered the above letter. All of us have been heretofore present at the debating of this matter in former Parliaments. We have consulted with his Majesty's Attorney, with Mr. Crowther, Mr. Littleton, Mr. Waties and Mr. Blunt; "and first for whether of the King's honour and prerogative why he should not be trusted with this clause as well as four of his predecessors, having never yet given any occasion of distrust therein, we leave that to better consideration, but we are all fully resolved that if that clause be repealed, there must be special saving and provision for the full upholding and maintaining of the King's power of altering, adding, and administering the Instructions for this Court and government, otherwise there will ensue great damage thereby."
f. 105. 1620, March 3. Savoy.—The Earl of Northampton to Sir James Whitlock, Chief Justice of Chester, and the rest there. Sir Giles Montparsons Knight, who was committed to the custody of the Serjeant, has escaped. A conference has been had between both houses, and it was resolved that the Lord High Admiral, the Warden of the Cinque Ports, and the Lords President of York and Wales, should direct their warrants and letters for search to be had within their limits. Therefore you are to send your letters to the Ports within the Principality and Marches of Wales to apprehend him.
f. 105. 1620, March 1. Ludlow Castle.—Sir James Whitelock, Sir Henry Townshend and Sir Francis Eure to the Earl of Northampton.
Have sent out letters for the apprehension of Sir Giles Montparsons, and for bringing him up before the Council in the Marches, to the Sheriffs of Salop, Hereford, Worcester, Gloucester, Monmouth, Glamorgan, Brecon, Radnor, Carmarthen, Pembroke, Cardigan, Montgomery, Denbigh, Flint, Merioneth, Carnarvon, Anglesey.
f. 105b. 1620, March 17.—At the Counsell table in Ludlow Castle. The same to the Justices of Assize for the County of Salop.
The bailiffs of Shrewsbury lately informed us of seditious speeches not long since uttered by one John Evans of Coleham in the suburbs of Shrewsbury, and sent us a copy of an examination which they had taken of him. We thereupon sent letters to the Sheriff of the County, and to the bailiffs, to apprehend him and bring him before this Council, but as they have not yet found him we commit the further consideration of this Cause to your Lordships, you being in Shrewsbury, that upon conference with the Sheriff and bailiffs you may take such order at the Assizes as may be fit.
f. 105b. 23 Jac. I. March 20. Ludlow.—Order to Arthur Winwood and Thomas Pringle the messengers of the Council, to go to the wood of Bringwood and Darvall [i.e., Deerfold] in the county of Hereford and bring before the Council any one whom they shall find cutting or spoiling the said wood, Thomas Harley, Esqre one of the said Council having given information that great waste is being committed there. "Signed by James Whitelock, Hy Townshend, Francis Eure, Nicholas Overbury, Francis Lacon."
f. 106. 23 Jac. I. March 23. Ludlow.—The Council desires to remove one George Boulton late of Madeley in the County of Hereford Schoolmaster, now in Hereford gaol, to Montgomery gaol. Therefore a letter is to be sent to the Sheriff of Herefordshire to bring him to Buckuall on the confines of Hereford and Shropshire at 12 at noon on 20 April next; to the Sheriff of Shropshire to bring him thence to Ednop on the confines of Salop and Montgomery; and to the Sheriff of Montgomery to take him thence to Montgomery gaol. Signed by James Whitelock, Hy Townshend, Francis Eure.
f. 106. 1620, July 11. Fleet Street.—The Prince's Council to Sir Thomas Chamberlain and the Justices of the County Palatine of Chester.
One Watkin Jenkyns "a most lawless and disordered person" has committed great waste in his Highness' forest of Kilgairne [Kilgarren] in the County of Pembroke, under colour of a lease of certain lands called Kevendrun, and the herbage of the forest of Kevendrun parcel of the lordship of Kilgairne. As he goes from County to County, and the sheriffs have therefore not been able to apprehend him "and it is very unfitt to suffer a fellow of his quality and condition any longer to commit such disgraceful misdemeanours" the Council in the Marches is to take steps to apprehend him and put a stop to them. Signed by Henry Hubarte, James Ley, James Fullerton, Richard Smith, Thomas Trevor.
f. 106b. 23 Jac. I. March 22.—Minute to send orders accordingly. Signed by James Whitelocke.
1620. Ludlow Castle.—Sir James Whitelock, Sir Henry Townshend, and Sir Francis Eure to the Bishop of St. Davids.
On 10 February last we wrote to tell you the sentence of this Court concerning Jane Gwyn "by which you might perceive the notorious misbehaviour of David Morgan Gruffith both against common government and this Court. We therefore thought fitt in our friendly respect to your Lordship as a brother and companion with us in this service, by our Letters from the Table to putt you in minde of the great prejudice will grow to the Infant (if she consent to this marriage) by the forfeiture of the profitte of her lands during life." The Bishop is desired to take present course to hand her over to Gruffith Henry and Jenkin Franclen, two of the Tutors appointed by her Father's Will (John Price the 3rd Tutor to avoid all suggestions made by David Morgan Gruffith desiring to be spared therein). "Your Lordship's power of detaining her as a sequestrator is now determined by the sentence of this Court; and if your Lordship shall not take present order herein we must be enforced forthwith to put the sentence of this Court in execution."
1620, March 12. Westminster.—The Bishop of St. David's to the Council of the Marches.
He was desirous that the Infant's delivery might have been delayed till his return from Parliament, but as the Council think this would be to cross or defeat the sentence of Justice "and to savour of some favour shown to that audacious malefactor whose precipitate and exorbitant courses in these affairs I did ever dislike" he has sent word to his wife and family to deliver her to the parties named. "It hath been untruly suggested unto you that a great part of her estate is in my hands by way of sequestration whereas indeed I never had any pennyworth of her goods since she came into my custody, and therefore I doubt not but that it will be thought fitt in your discretion her entertainment should be paid for before her departure from my house."
f. 107. 1621, March 29. Ludlow Castle.—Sir James Whitelocke, Sir Henry Townshend, and Charles Fox, to the Lord Chancellor. Francis Haslewood, David Morgan Griffith and William Symonds, against whom decrees have been made in this Court, have fled to the City of London. The Lord Chancellor is desired to authorise the Serjeant at Arms by his warrant to apprehend them and send them to this Court to deal with.
1621, March 26. Ludlow Castle.—The same to the Bishop of St. David's. Giving him notice that John Price and others have laid an Information against him concerning Jane Gwyn an Infant lately sequestered by this Court unto his custody, and suffered to be eloigned and taken away contrary to the trust in him reposed by this Court, which would not have happened if he had taken order for her delivery according to the decree of this Court.
19 Jac. 1, March 27. Westminster.—Commission of Dedimus Potestatem to Sir James Whitelock, and note of his being sworn in as Chief Justice of Chester before the Earl of Northampton and Sir H. Townshend on 4 April, 1621.
f. 107b. 19 Jac. I. June 19. Bewdley.—Order, on death of Thomas Stephens, various persons claiming to succeed him as keeper of the Wardrobe, that, without prejudice, George Bett, Steward of H.M. Household in the Marches of Wales, shall exercise the office of keeping the wardrobe, and William Bowdler shall collect the fees of 4d. upon every bill of debt by way of sequestration, and John Jones and Thomas Alured who have received such fees since Thomas Stephens' death shall pay them over to William Bowdler, who shall account for them. Signed by James Whitelock, Henry Townshend, Francis Lacon.
f. 107b. 1621, May 19. Bewdley.—Warrant to be sent to all forresters &c. in the several Chases and Forests under-mentioned to send forthwith to the Council for provision of H.M.'s household the under-mentioned number of bucks.
Ockley Park [Oakley, near Ludlow] 3 bucks.
Bewdley Park [Worcestershire] 3 bucks.
Houlte Park [Holt, Denbighshire] 3 bucks.
Malvern Chase [Worcestershire] 3 bucks.
Corstane Chase [Corston, Shropshire ?] 3 bucks.
Bryngwood Chase [Herefordshire] 3 bucks.
Shotwick Park [Cheshire] 3 bucks.
Mocktree Forest [Shropshire] 3 bucks.
Feckenham Forest [Worcestershire] 3 bucks.
Deane Forest [Gloucestershire] 3 bucks.
Dalamore Forest [Delamere, Cheshire] 3 bucks.
Kyngswood Forest [Shropshire] 3 bucks.
Maxfield Forest [Macclesfield, Cheshire] 3 bucks or 3 stags.
Snowdon Forest [Carnarvonshire] 3 bucks or 3 stags.
The like warrants to go out in season for does and hinds to all the places aforesaid.
Signed by James Whitelock, Henry Townshend.
1618, June 4. Westminster.—Warrant under the King's signet that William Lord Compton, Lord President, and the rest of the Council of the Marches, may have out of every Park, Forest, and Chase within the Principality of Wales and the Counties of Gloucester, Worcester, Hereford, Chester, Salop, and Monmouth, 3 bucks of the season in summer, and 3 does of the season in winter, and also 3 stags of the season in summer and 3 hinds of the season in winter where red deer are to be taken and may themselves hunt and kill the same with their bows hounds or greyhounds, or other ways at their liberty.
Form of warrant to a forester to send a buck.
f. 108b, 1621, July 2. Council Table at Bewdley.—James Whitelock, Francis (Bishop of) Hereford, Henry Townshend, Nicholas Overbury, to the Bishop of Worcester asking him to be present with them on Wednesday morning to assist in the execution of H.M. service.
19 Jac. 1, May 23.—The King to the Earl of Northampton and the rest of the Council. Appointment of Edward Litleton, Esqre to be a member of the Council in place of Sir Francis Eure deceased.
Note that Sir Edward Litleton, now Knight, was sworn accordingly at Bewdley 18 July 1621, present the Lord President, the Chief Justice, and Justice Townshend.
f. 109. 1621, September. 29.—Sir James Whitelock and Sir Henry Townshend to the Lord President. Names of persons fit to be appointed Sheriffs and Escheators for Denbighshire and Montgomeryshire.
1621, October 27.—Sir E. Litleton to the same, as to the Counties of Merioneth, Carnarvon, and Anglesey.
f. 109b. 1621.—Lists of Sheriffs and Escheators for Glamorgan, Brecon, and Radnor, signed by Walter Pye and Andrew Howell, and the like for Carmarthen, Pembroke, and Cardigan, signed by N. Overbury and J. Hoskyns.
f. 110 to 121b. No date .—Instructions to the Council of the Marches. There are 55 articles, of which 45 are printed in Rymer's Fædera, XVII., 28. Here the first 3 and part of the 4th are missing. In the 4th and 33rd the names of Sir James Whitelock, Sir Henry Townshend, Sir Francis Eure, and Sir Nicholas Overbury were first written, but the first three of these have been scratched out and the names of Sir Thomas Chamberlain, Sir Marmaduke Lloyd and Edward Waties substitued in another hand; and in the 21st and 34th instruction the name of Lord Brooke has been similarly substituted for that of Sir Fulke Grevill Kt. In 51 "Lord Compton" is struck out and Earl of Northampton inserted, and at the end after "granted" is inserted "by the late King James." The following are the Instructions omitted by Rymer:—
33. And H. M.'s further pleasure is, and his highness doth by these presents give full power and authority to the said Lord President or Vice President for the time being and Counsell as aforesaid or any 3 of them whereof the Lord President or Vicepresident or in their absence or vacancy the chief Justice of Chester to be one, by their warrant signed under their hands, to give order from time to time to the Clerk or Receiver of the fines for the time being, for payment as well to the said Sir James Whitelock of the sum of 100t as to every of the said Sir Henry Townshend Sir Francis Eure and Sir Nicholas Overbury of the sum of 100 marks a piece per annum before by these presents to them appointed. And to H. M.'s secretary there his ancient fee of 13l 5e 8d. And to H. M.'s Attorney there his ancient fee of 13l 6e. 8d. And to H. M.'s Sollicitor there for his fee the sum of 10t. And to all other persons such fees and allowance as are by these instructions appointed to be paid out of the said fines, as also the aforesaid sum of 6s 8d per diem to such of the Counsell learned as shall be called to attend there as is before appointed for the time of his said attendance, with the like sum of 6s 8d by the day for and towards the charge of every such Counsellor which shall be sent for to attend there in riding from his house directly to the said Counsell and home, and for no more time nor in other sort. And that so much of the overplus as is behovefull may by the discretion of the said Lord President or Vice President for the time being and Counsell as is aforesaid or any 3 of them whereof the Lord President or Vice President or in their absence or vacancy the Chief Justice of Chester to be one be employed and bestowed in manner and form following (that is to say) first in the satisfying and discharging of such duties and sums of money as have been or shall be laid out or disbursed by warrant of the Lord President or Vice President for the time being and Counsell as is aforesaid or any 3 of them whereof the Lord President or Vice President or in their absence or vacancy the Chief Justice of Chester to be one by any person or persons for H. M.'s service in the service of the said Court, and then in discharge of necessary foreign expenses, utensils of H. M.'s household there, and such other things as shall be behovefull for H. M.'s honour and better service there, and not otherwise, and upon necessary reparations of H. M.'s Castles or houses within the limit and jurisdiction aforesaid, and other needfull causes for H. M.'s service as occasion shall require and as the Lord President or Vice President for the time being and Counsell as is aforesaid or any 3 of them whereof the Lord President or Vice President or in their absence or vacancy the Chief Justice of Chester to be one, shall see to be requisite and expedient. Provided always and H. M.'s pleasure is that no person or officer of the said Court who hath any constant fee by the year for his service or attendance there (other than the Counsellors before in these instructions appointed for continual attendance) shall have any manner of allowance for his riding charges in coming to or riding from the said Counsell, except at such times as he or they shall be specially employed or sent for or for H. M.'s service. And the said Lord President or Vice President or Counsell as is aforesaid shall not call any of the said Counsellors learned in the laws, or who are to expect their allowance or pay of money by the day to come and attend, but at very needful times and when the greatness of the affairs shall so require, and then they the said Counsellors so called to have continuance and abode there for the time of the said great and needfull affairs only and for no longer time with or upon any manner of allowance or entertainment at H. M.'s charge there. And H. M.'s pleasure is that for such fees allowances and payments aforesaid to be made, these H. M.'s Instructions shall be a sufficient warrant and discharge to the said Lord President or Vice President and Counsell as is aforesaid in form as is before remembered against his highness his heirs and successors for the payment of the said sums of money and fees out of the said fines, and likewise a sufficient warrant for the disbursement of the same to the Clerk of the fines of the same Court.
34. And H. M.'s will and pleasure is that the Attorney, Sollicitor, and all other officers whose attendance shall be found needfull to that Counsell (except Sir Fulke Grevill, Knight, who is to attend there at H.M.'s pleasure) shall give their attendance accordingly without departing from the same, except by licence by 3 or more of that Counsell whereof the Lord President or Vice President or in their absence or vacancy the Chief Justice of Chester to be one. And the same Attorney, Sollicitor and other officers shall have their diet in the house for themselves and such servants and such fees answered and paid unto them as heretofore hath been accustomed.
39. And H. M.'s further pleasure is that there shall be one learned minister allowed being a graduate in divinity or Master of Arts and not having any benefice with cure of souls, to preach and to use the Common Prayer with due administration of the Sacrament, for the said Lord President and Counsell for the time being as is aforesaid and whole household, which person so learned and qualified and using the office of a preacher, shall have the yearly fee of 50t with diet for himself and one servant in the household, and shall be always resident with the said Counsell, and not to be absent to serve any other cure or function.
40. This is identical with the corresponding clause in the Instructions of 1633 printed in Rymer's Fædera xix., 461, and there numbered 35.
41. And H. M. is pleased and contented that the keeper of the armoury and artillery at Ludlow shall continue his wages and diet after the rate of 6d per diem; and if he shall not diligently do such things as to his office appertaineth then he shall be defaulted of his wages and diet at the discretion of the Lord President or Vice President for the time being and Counsell or any 3 of them, whereof the Lord President, Vice President, or Chief Justice of Chester to be one.
43. And the King's Majesty's pleasure is that the household shall be kept and continued by the Lord President or Vice President for the time being for the diet of himself and the rest of the Counsell there as is aforesaid, and for such others as are by H. M. allowed to have their diet there. And that the Lord President or Vice President for the time being shall from time to time nominate and appoint a substantial man to be Steward of the household, and shall also name all other officers necessary for the said household, and at such time as there shall be no President or Vice President there, in their vacancy the said household shall be kept and continued and the said Steward and other officers named by the said Chief Justice of Chester for the time being, and that the Counsellors there attendant shall have in diet and household their number of servants hereafter mentioned (that is to say) the Chief Justice of Chester to have in household 8 servants and a chaplain or preacher, and that all and every person of the said Counsell before named and appointed by these Instructions to continual attendance, or any other when they shall be called to attend, shall have in household 3 servants. And H. M.'s pleasure and express commandment is, That no Counsellor before remembered other than such as are appointed to continual attendance shall (without being sent for by his highness' letters under the seals of that Court) come to the place of service there to sit in Counsell or in any sort to deal in the service of the Court. Nevertheless such of the said Counsell as are men of estimation and livelihood, though not learned in the laws, nor having fees for attending, may (for the greater honour of the Court and dispatch of H. M.'s service in term time) be appointed some certain times by turn to repair to the said Counsell, at the places meetest for their resorts in respect of their dwellings. Provided always that if any of the said Counsell other than as aforesaid shall come thither not being sent for as is aforesaid, that then he shall have no allowance of diet or otherwise, nor be received to sit in Counsell without the special license and allowance of the said Lord President or Vice President and Counsell or 3 of them, whereof the Lord President or Vice President or in their absence or vacancy the Chief Justice of Chester to be one.
44. And H. M.'s pleasure is that there shall be a warrant dormant signed by his highness to H. M.'s general Receiver of South Wales and North Wales now being, or that hereafter for the time being shall be, for the payment to the said Lord President for the diet of himself and the rest of the Counsell after the rate of 20l sterling by the week, and over and besides that, for foreign expenses not appertaining to the diet there yearly the sum of 100 marks sterling, which diet money the King's pleasure is that the said Lord President or Vice President for the time being and Counsell shall have only for the maintenance of an honourable household there, without yielding any account to H. M. for the same, foreseeing that the charges of the said diet exceed not the said allowance whereby the profits of the fines should be thereby chargeable.
45. And H. M.'s pleasure is that the said 20l by the week shall be employed for the household and diet of the said Lord President or Vice President for the time being and Counsell as is aforesaid and that no fees of the said Counsell or any other shall be deducted or paid out of the said diet money, save only the wages of the officers of the household, who shall be yearly paid out of the same, and that the Steward of H. M.'s household there to be nominated and appointed as aforesaid shall receive the said sums of money as well for the said diet as also the said sum of 100 marks yearly for their foreign expenses, and shall disburse the same and yearly yield account before the said Lord President and Counsell or 3 of them at the least whereof the said Lord President or Vice President or in their absence or vacancy the Chief Justice of Chester to be one, for all such sums of moneys as by him shall be received for the said household. And for the further and better ordering of the said expenses of the said household the King's Majesty's pleasure is that the Steward or Clerk of the Kitchen shall once every week declare and make before the said Lord President or Vice President or in their absence or vacancy before the Chief Justice of Chester, and 2 of the said Counsell resident at the least if so many shall be there a true and just account of the expenses of the said household for the week, which account shall be entered into a book to be provided for the same, and subscribed weekly with the hands of the said Lord President and Counsell as is aforesaid or such of them as shall be there present.
51. And forasmuch as his highness doth hold it very convenient that it be made known to his good subjects within the limits and jurisdiction aforesaid what care he hath taken to have them relieved in their causes necessary, the Lord President and other of the Counsell there shall give direction to all Mayors Sheriffs Bailiffs and all other officers as they shall think fit within the limits and jurisdiction aforesaid, that they shall by a proclamation to be made in H. M.'s name cause to be published that H. M. hath presently granted sufficient commissions and instructions to his right trusty and right well beloved William Lord Compton Lord President and others of his highness' Counsell there for the hearing and determining of causes, and executing of all the like authorities for the relief of his people as is ordained by the late Commissions and Instructions granted in that behalf.
f. 122. 20 Jac. 1. April 6. Westminster.—Warrant appointing Marmaduke Lloyd to be of the Council in place of Sir Henry Townshend deceased; and note that he was sworn in 22 Apr. 1622 at Ludlow Castle before the Lord President, the Chief Justice, and Justice Litleton.
f. 122b. 1622, April 14.—Wm. Earl of Northampton and Sir James Whitelock to John Bishop of Lincoln, Lord Keeper of the Great Seal.
Sir John Pryce, Sheriff of Montgomery is dead. The Summons for the great Sessions is already out and the Quarter Sessions is presently to come on. The late Sheriff has made all provision, and we recommend that his father Sir Richard Pryce be appointed for this year, as it will be very chargeable and troublesome for anyone else to undertake it.
The following three names of possible Sheriffs are appended,
Richard Pryce, Kt.
Rowland Pughe, Ar.
Evan Glyn, Ar.
f. 123. 19 Jac. I. Feb. 9.—Appointment of Thomas Taylor of Ludlow, gent., to be a messenger or pursuivant attending the Lord President and Council, in place of Arthur Wynwood, gent., resigned; both of them being now present. "Signed by Wm Northampton, James Whitelocke, Nicholas Overbury, Edward Litleton, Edward Fox."
f. 123b. 19 Jac. I. July 9.—The King to the Council.
"Whereas by a late trial and experiment made by our own commandment of the rich proportion and yield of silver found in the lead mines of Cardiganshire, we hold it fit for our honour and necessary for the public good of our realm that the said silver should be separated from the lead and extracted out of it for supply of bullion for our own use, and not exported into foreign parts under colour of the ordinary merchandize of lead, to the enrichment of strangers with our own native commodities; and are therefore desirous that our well beloved subject Hugh Middleton, Esqre, farmer of our mines royal in that County, should have all lawful favour" &c., the Council is to give him all assistance.
f. 124. 20 Jac. I. Apr. 11. Westminster.—Appointment by the King of Sampson Eure, Esqre, to be his Attorney in Wales and the Marches.
f. 124b.—Note that he was sworn in before the Lord President, Chief Justice of Chester, and others (undated).
f. 125. 1622, July 11. Bewdley.—James Whitelock, Nicholas Overbury, Edward Litleton, Marmaduke Lloyd, to Sir James Lea, Chief Justice of the Pleas. The Chief Justice has issued a writ of Habeas Corpus to bring before him one Francis Olliver who is a prisoner here for contempt in refusing to answer an Information against him, and also in execution for a debt of 20l. to the King. Such prisoners have not hitherto been removed, lest His Majesty should thereby lose his debt, and they hope they need not have the trouble of sending him, but will do so if desired.
f. 125b. 19 Jac. 1. January 30. Ludlow.—Order to the Sheriff of Worcestershire to apprehend Thomas Haslewood, Elizabeth his wife, and Francis Haslewood, of Wicke, and send them to the Council, they have resisted apprehension at their own house by the Serjeant at Arms. If he cannot he must proclaim them rebels in the towns of Evesham, Pershore, and elsewhere in the County. He is also to seize all their lands and goods within the County, and to make a return to the order on 8 February next. Signed by Wm. Northampton, James Whitelocke, Nicholas Overbury, Thomas Cornwall.
f. 126. Same date.—Arthur Wynwood and Thomas Pyngle, messengers, are to take this order to the Sheriff. Signed Wm Northampton, James Whitelocke.
f. 126b. 19 Jac. 1. Feb. 20. Ludlow.—Thomas Haslewood, Esqre, appearing before the Council is bound over in 500l. to appear with his wife and son on 30 March next. Signed by James Whitelocke, Edw. Litleton, Thos. Cornwall, Thos. Harley.
f. 127. 20 Jac. 1. Sept. 16. Bewdley.—Humphrey Briggs, not having yet performed certain orders made upon him in a suit, is ordered to pay on 20 October next 20 marks for costs to His Majesty's Attorney, and 5l. being the costs of a sequestration of his cattle executed by the Sheriff of Salop, and 20 nobles for costs to the Serjeant at Arms, and 6 marks to the messengers; and shall make his submission in writing, as previously ordered, before November next. Signed by James Whitelock.
f. 127b.—Note that he did so on 28 Oct. 1622.
f. 128. 1622, Nov. 17. Ludlow.—A difference which has arisen between the Aldermen Bailiffs and Burgesses of Denbigh about the interpretation of their Charter devolves on the Council to decide "as a matter concerning government." They give their opinion that Thomas Lavie was duly elected a Bailiff by the major part of the Capital Burgesses at the end of the year, notwithstanding there was no Alderman nor Baylifle who gave voice with that major part. At the election of Bailiffs the nomination of four by the Aldermen and Bailiffs shall continue. Present the Lord President, the Chief Justice, Justice Overbury.
f. 128. 20 Jac. 1. Nov. 12.—Appointment of Thomas Harvey of Sandhurst in the County of the City of Gloucester to be an Attorney attending the Council, in place of Charles Weaver resigned; both being now present. Signed by Wm Northampton, J. Whitelocke, N. Overbury.
f. 128b. 10 (?) Jac. 1. Sept. 30. Hampton Court.—Order that fines, bonds, forfeitures, &c., certified into the Court of Exchequer by the Council of the Marches in order that they may be more easily levied, shall be paid over by the Exchequer to the Council and accounted for by them.
f. 129. 20 Jac. 1. Jan. 22. Ludlow.—In a suit between William Watton and Richard Watton plaintiffs and John Lane defendant, John Lane entered into a bond for 300l to perform the order of the Council, but as he has now gone out of their jurisdiction, the bond is given to William Watton, to sue on in the Exchequer. Signed by Wm. Northampton, James Whitelocke, N. Overbury, Mar. Lloyd.
1622, Jan. 22.—Certificate of the above to the Lord Chief Baron.
f. 129b. 20 Jac. 1. Jan. 22. Ludlow Castle.—Writ in the King's name empowering William Watton to sue on the bond.
f. 129b. 1622, Aug. 16. Weston. Lionel Lord Cranfield, [Lord Treasurer] to the Earl of Northampton.
The wood and timber in Altons Wood, Sir William Welshe's Parke, the forest of Wyre, and the Manor of Bewdley, is all wasted and consumed, partly by pretended claims of estovers, partly by negligence of H. M.'s officers. He desires the Lord President to stop all falling of wood, whether by the tenants or the King's officers, without special warrant from the writer, when H. M.'s own immediate service shall demand it, and he hopes the Lord President's own purveyor will set a good example and take only dry wood and that in very moderate proportion for the use of the Household.
f. 130. 1622, January 22.—Lord Northampton, Sir Jas. Whitelocke, Sir N. Overbury, and Sir M. Lloyd, to the Lord Chief Justice of the Common Pleas, asking that a prohibition to the Court of the Marches to hear a case of bribery and extortion against Walter Powell late deputy Sheriff, and Roger Evans late Sheriff of Monmouthshire, may be withdrawn, the case having already been partly heard.
f. 130b. 20 Jac. I. Feb. 21. Westminster.—Appointment of Edward Waties to be of the Council in place of Sir Edw. Litleton deceased; and note that he was sworn in 13 March 1622, present the Lord President, Chief Justice, Justices Overbury and Lloyd.
f. 131. 21 Jac. I. June 30. Greenwich.—Appointment of new Councillors, viz. Sir John Tracy, Sir William Sandis, Sir Thos. Estcourt, and John Bridgeman, Esqre, in] Gloucestershire, Sir Samuel Sandis, and Robert Bartley, Esqre, in Worcestershire, Sir Richard Newport, Sir Richard Fox, and Edward Litleton Esqre in Salop, Sir John Scudamore Kt and Barronett, Sir John Hanmer Kt and Barronett, Sir Robert Harley and Sir Roger Mostyn in Hereford and Flint.
Notes of the swearing in of Sir John Scudamore 25 Aug. 1623, at H. M.'s house of of Tyckenhill, before the Lord President, Chief Justice, Sir N. Overbury, and Edw. Waties; of Robert Bartley, Esqre "Recorder of the City of Worcester, a man of good parts and learned in the laws" on 13 Oct. 1623, at Worcester, in presence of the Lord President, Lord Spencer Compton, and the Bishop of Worcester; and of Sir Richard Newport and Sir Richard Fox on 29 Jan. 1623, in open Court, before the Lord President, the Chief Justice, Sir N. Overbury, Sir M. Lloyd, and Edw. Waties.
f. 131b. 1623, July 30. Chelsea.—Lord Middlesex to the Council.
The compositions which have been made by commissioners for the carriages and provision of H. M.'s household do not affect the right of carriage given by the Instructions to the Council, which will still be due from those who have compounded; but it should be required in moderation and no purveyance at all must be used but for that which the necessity of the King's service requireth.
f. 131b. 21 Jac. I. August 6. Salisbury.—Order that, whereas it is convenient that the Justices of Assize within the four counties be members of the Council of the Marches, Sir Humphrey Smith and Sir William Jones be admitted accordingly.
f. 132. 1623, July 6. The Duke of Richmond and Lenox to the Lord President. The compositions are for H. M.'s own particular house only, and in no way affect your right to carriage.
21 Jac. 1. June 7. Bewdley.—Order for admittance of Richard Phillipps to be an Attorney in place of his father Thomas Phillipps deceased. Signed by Wm Northampton, J. Whitelocke, N. Overbury, M. Lloyde, Ed. Waties.
f. 132b. 1623, Aug. 30.—Lord Middlesex to the Lord President.
The inhabitants of Bewdley are committing great waste in the Bewdley Woods, and especially in the wood called the Lord's Park, where Thomas Smith, his wife and daughter, have been carrying away black poles, and being opposed by one William Fidoe, they set upon him and beat him very sore and said they would never cease cutting wood there whilst there was any standing; and many of the magistrates of that town, that should right the King against such apparent wrong, do trade money in things wrought out of such black poles and wood. The Lord President is asked to punish these misdemeanours and stop them for the future.
1623, Sept. 10. Bewdley.—The Lord President to John Bishop of Lincoln, Lord Keeper. Request to arrest Rowland Badger Esqre, who disobeys the process of the Court on an action of debt brought by Robert Ramsey, and has removed out of the jurisdiction.
f. 133. 20 Jac. 1. Feb. 17. Westminster.—Patent to Griveth Gibbs of office of gentleman porter (i.e. gaoler) to the Court of the Marches; and f. 133b., mem. that he was admitted accordingly on 21 Sept. 1622 at Bewdley, before the Lord President.
The names of the Sheriffs for Wales, Cras Animarum 1623.
Montgomery, Sir William Owen, Kt.
Denbigh, Thomas Pryce Wynn, Ar.
Flint, John Broughton of Broughton, Ar.
Carnarvon, Ellis Brynkow, Ar.
Anglesey, John Bodithen, Ar.
Glamorgan, Lewis Thomas, Ar.
Brecon, John Madocks, Ar.
Radnor, Wm Fowler, Ar.
Carmarthen, John Stedman, Ar.
Pembroke, James Bowen, Ar.
Cardigan, John Pryce, Ar.
f. 134. 20 Jac. 1. March 21.—Return to Habeas Corpus respecting Francis Olliver, that he was committed to the porter's lodge, for a debt of 20l. to the King.
f. 134b. 21 Jac. 1. Nov. 7.—Order of the Court of Wards and Liveries that the Court of the Marches be requested to send Edward Lingen of Stoke Edith in Herefordshire Esqre either to Stoke Edith or to his other house of Sutton, he being and having long been a prisoner for contempt in the porter's lodge prison, but having now been found a lunatic and committed to the care of Sir John Scudamore, baronet.
f. 135. 21 Jac. 1. Dec. 11. Ludlow.—Order accordingly that he be sent to Stoke Edith in care of Cæsar Hawkins, Lewis Phillipps, and Edward Disney or any two of them. Signed by the Earl of Northampton.
f. 136. 1623, Jan. 2. The College at Westminster.—The Bishop of Lincoln (Lord Keeper) to the Lord President sending writs of summons to Parliament by John Shockledge, to be delivered with all possible speed.
Jan. 11.—Receipt for the writs, viz. 12 for the 12 shires of of Wales, one to the Town of Carmarthen, one to the Town of Haverfordwest, one to the Lord Bishop of Bangor, and one directed "Custodi Spiritualitatis Episcop. Asaph ipsa sede vacante.
Note that they were delivered to Thomas Pyngle and Thomas Taylor, messengers.
f. 136b. Jac. I. March 17. Ludlow.—Order that next Trinity term shall begin 10 June and end 7 July, and no cause shall be entered for hearing after 10 June. Present the Vice President, the Chief Justice, Sir M. Lloyd Kt, Edward Waties, Esqre.
f. 137. 1623, March 10. Westminster.—Thos. Trevor, Speaker of the House of Commons, to the Council. Proceedings before the Council have been taken by Edward Brooke and Edward Baldwyn, two customary tenants of Sir Thomas Thynn's Manor of Stretton in Shropshire, to compel Francis Phillips, under Steward of the Manor, to hold a Court to admit them to certain copyhold tenements which they claim, but which Sir Thomas Thynn claims to be his own freehold. As he is a Member of the House, and the business will not permit his absence, the House has ordered that he have privilege of Parliament for stay of all proceedings until he is at liberty to defend himself.
The same letter to Edward Brooke and Edward Baldwyn, of Stretton in County of Salop.
f. 137b. 22 Jac. I. Nov. 1 Royston.—The King to the Council.
Re-appointment of Sir Thomas Chamberlayne to be Chief Justice of Chester.
f. 138. 1624, Nov. 20. Ludlow.—Many Informations Books and Records have been found to be missing out of the Council Office. John Peers, Attorney, and his clerk, Edward Morgan, who had detained many, are pardoned as it is their first offence. John James a clerk of the Court, who has committed other offences also, is committed to the Porters Lodge prison, discharged from practising before the Court, and an Information is to be laid against him by H.M.'s attorney. Thomas Tryte, another clerk, was lately discharged from practising, but drew up an order to re-instate himself and got it signed by Mr Justice Overbury without telling him the contents of it; therefore he is committed to the Porters Lodge during the pleasure of the Council and for ever hereafter banished from this Court. Signed by Wm Northampton, Tho. Chamberlyn, N. Overbury, M. Lloyd, Edw. Waties, Wm Herbert, Tho. Cornwall, Rich. Fox.
f. 138b. 1624, Nov. 20, Ludlow.—10 Rules, headed "To be observed for preservation as well of faint prosecutions of misdemeanours as of secret compositions taken by delators and others for the same." They provide for all steps in the proceedings passing through the Remembrancer's office, for keeping proper records there, for sending information of certain things to the King's Attorney, and substituting other delators &c. if necessary, and fining those who do not do their duty.
Signed by Wm Northampton, Thos. Chamberlaine, N. Overbury, M. Lloyd, Ed. Waties.
f. 139b. 1625, Thursday the last day of March.—Proclamation of King Charles the First at Ludlow by Sir Thos. Chamberlayne.
No date.—Copy in MS. of Proclamation of King Charles by the Lords Spiritual and Temporal, the Privy Council, with numbers of other principal gentlemen of quality, with the Lord Mayor Aldermen and Citizens of London." The first signature is Jo. Gore, Maior, and then follow G. Cant., Jo. Lyncolne, C.S., &c. "Imprinted at London by Benham Norton and Jo. Bell, Printers to the King's most excellent Majestie, 1625."
f. 140. 1625, Apr. 1. St. James'.—Warrant to change the date of the patent to Sir Thos. Chamberlain as a Justice of the Common Pleas so as to give him the precedence he would have had if he had not in James 1st's time been removed from the King's Bench to be Chief Justice of Chester.
f. 140. 1 Car. 1. 31 March. Westminster.—Letters patent authorising use of seals of the late King until new ones are made.
f. 141. 1 Car. 1. 2 Apr. Westminster.—Letters patent to Sir Thomas Chamberline of office of Justice of the Bench.
3 July (no year). Savoy.—Earl of Northampton to Sir N. Overbury authorising him to act as Vice-President, the Earl having been summoned to Parliament.
f. 141b. 1625, 23 Oct.—Formal appointment of Sir N. Overbury accordingly, for the term beginning 27 Oct.
24 Jan.—The like, with no limit of time.
f. 142. 1 Car. 1. 9 Feb.—The King to the Council. Appointment of Sir John Bridgman to be Chief Justice of Chester in place of Sir Thos. Chamberlaine deceased.
Memorandum that he took the oath, 3 March 1625, present Robert Viscount Killmorey Lord Vice-president, Justices Overbury, Lloyd, and Waties.
f. 142b. 1626, Nov. 4.—Writ to remove all proceedings by Edward Wolrith against John Thynne and others from the Council of the Marches to the Council in London.
1626, July, 20.—Opinion of Wm. Jones on a case stated, that a pardon issued by the King at his coronation did not remit a fine which had been previously imposed, and for the payment of which bonds had been entered into, on the ground that the offence was res judicata, and fines and bonds were not expressly released.
f. 143. 3 Car. 1, June 8. Westminster.—Letters Patent appointing Timothy Turnour, of Shrewsbury, to be solicitor in the Court of the Marches, at a salary of 10l. per annnm.
f. 143b. 3 Car. 1, Nov. 20. Ludlow.—As names of attorneys and clerks practising in this Court have been counterfeited and set to various documents, any one doing so in future will be debarred from practice and banished from the Court, and be punished by fine and imprisonment. Signed by Jo. Brydgeman, N. Overbury, M. Lloyde, E. Waties.
f. 144. 3 Car. I, Nov. 20. Ludlow.—Replications must not be put in after causes are set down for hearing. Signed as the last.
f. 144. 1627, Dec. 13. Ely House.—Sir Thomas Coventry, Lord Keeper, to Sir John Bridgman. Sending him a petition of Walter Vaughan to the Star Chamber for protection against arrest on process obtained from the Court of the Marches, by Owen Jenkins and Grindy, with whom he has litigation in the Star Chamber. The Lord Keeper says he does not grant letters of privilege, but he requests that the gentleman may not be disturbed in his travels to and fro to attend his affairs before the Star Chamber.
f. 144b. 1628, May 20.—Order of the House of Lords that Nicholas Bowyer of Kidderminster, Attorney, shall ask pardon at the Bar for scandal spoken by him of the Lord President and Council of the Marches, and shall also ask pardon of the Council; and memorandum that he made submission accordingly at the Bar of the House.
4 Car. 1, July 24.—Order that no more than 20 causes be entered for hearing in one day during the first fortnight in each term, nor more than 16 in one day during the rest of the term. Signed by Jo. Bridgeman, R. Overbury, M. Lloyde, E. Waties.
f. 145. 1628, October 28. Ludlow.—Admission of Sir Adam Newton, Baronet, as Secretary and Clerk to the Council, and of Ralph Goodwin as his deputy, on the decease of Lord Brooke the late Secretary, and by virtue of a patent from the late King to Sir A. Newton. Signed as the last.
f. 145b. 4 Car. I. Oct. 1. Hampton Court.—The King to the Council, requiring them to swear Sir Adam Newton of the Council, and admit him to the office of Secretary.
1628, Oct. 3. Deputation from Sir A. Newton to Ralph Goodwin.
1628, March 14. Deputation from Robert Thornes to Thomas Watkies of Ludlow, to administer oaths and take the fee of 4d. thereon in the Court of the Marches.
f. 146. 11 Jac. I. Oct. 3.—Letters Patent to Robert Thornes of New Inn in the County of Middlesex Gent, for the same office.
f. 147b. 4 Car. 1, Feb. 27. Ludlow.—Order to put a further check on the putting in of replications and rejoinders after the date of the orders of issue, and to fine attorneys who do so.
"Signed by Ro. Killmorey. Jo. Bridgeman. N. Overbury. Marmaduke Lloyde. Edw. Waties.
f. 148. 4 Car. 1, Feb. 20. Westminster.—The King to Sir Marmaduke Lloyd, Sir N. Overbury and Justice Watyes. Under colour of a grant to them by the late Lord Brooke they have prevented Robert Thornes from executing his office and receiving the fees thereof. They must do so no longer, as the death of Lord Brooke terminated their right to the office.
Note at foot.—These letters were delivered at the Counsel. Table att Ludlow Castle the ix day of March 1628 after dyner.
f. 148. 5 Car. 1, July 11. Westminster.—The King to the Council.
The petition of some of the Judges respecting the fees for affidavits has been referred to the Lord Keeper and other Judges. Meanwhile the letter of 20 Feb. ought to have been obeyed. As it has not, all fees received since that time must be brought into Court until the royal pleasure is known.
f. 148b. 1629, Aug. 31. Bewdley.—Certificate of order made by the Council against Charles Bowen Esqre Lord of the Manor of Manorbeer in Pembrokeshire and Wm Jones his Steward to admit John Marishurth to a copyhold tenement therein on the surrender of David Thomas. Mr Bowen was fined for neglecting the order "and for very contemptuous words against the Court, which fine was qualified upon his submission to a very small sum." Signed by W. Northampton, John Bridgman, N. Overbury, Edw. Waties.
f. 149. 1629, July 22. Bewdley.—Order to admit Humfrey Wynne, one of the Clerks of the Court, an Attorney, in place of David Moses Esqre resigned on account of old age. Signed as the last.
f. 149b. No date. Petition to the Council by Thomas Crumpe, Robert Vaughan, and John Andrew, "three of the ancient Attornies attending your Lordships, on behalf of themselves and the rest of the Attornies there," against a grant said to have been made under the privy seal to Robert Tyrrwhitt Esqre of a new office "for making of billetts to serve defendants before your Lordships," and for receiving a fee of 3d. on each billet. They say the attorneys have hitherto made such billets for nothing, and the office will be a needless charge on the subject, and a monopoly for the private benefit of the patentee.
There follow 6 "reasons against the billett office," to the effect that the billetts will be useless, and expensive, and will cause delays, and that they are against the Statute 21 Jas. 1., c. 3. Signed as above.
f. 150. No date. "Answers to the reasons" [of the petitioner for the patent] "expressing why the speciall Billett Office shall not be established for the Court houlden before the Lord President and Counsell in the Marches of Wales," Further arguments against the office. Signed as above.
f. 150b. 1629, Nov. 13. Ludlow Castle.—Sir J. Bridgman, Sir N. Overbury, Sir M. Lloyd, Edw. Waties, [to the Lord Keeper? no address]. Sending the above petition and reasons against the proposed office, the erection of which they hear is still on foot, though it had been referred to them to report upon and they had reported against it.
1629, Nov. 11. Reference to the attorneys as to whether where one defendant has appeared and the other has not, evidence of witnesses already examined against the first is good against the second when he appears. They give their opinion that it is not, on the ground that the King might lose some fines if evidence were thus taken in the absence of some of the defendants. Signed Thomas Crumpe, Robert Owen, Robert Luther, Thomas Noade (?), W. Andrew, Rees Jones.
f. 151. 5 Car. I. Jan. 16. Westminster.—The King to the Council.
Order to admit Lord Goringe, Master of the Horse to the Queen, and John Verney, Counsell at Law, of the Middle Temple, Esquire, to be members of the Council and to "the office of our Secretary Clarke of the Signett and Clarke of our Counsell in the Marches of Wales" in the place of the late Sir Adam Newton Baronet deceased.
Mem.—That Lord Goringe was sworn and admitted, and R. Goodwin was sworn and admitted as his deputy, 22 January 1629, in presence of Sir J. Bridgman, Sir N. Overbury, Sir M. Lloyd, and E. Waties.
f. 151b. 4 Car. 1, July 5. Danbury.—Patent to Arthur Wynwood of the office of porter.
f. 152. Memorandum—That the validity of the letters patent to Robert Thornes "before entered verbatim in this book" was referred by the King to the Lord Keeper Coventry, the Earl of Northampton, President of the Council, Sir N. Hyde, Chief Justice of the King's Bench, Sir Thos. Richardson Chief Justice of the Common Pleas, Sir John Walter Chief Baron, and justices Sir Rd Hutton, Sir Wm Jones, Sir James Whitelocke and Sir Henry Yelverton, who on hearing counsel on both sides decided it to be void.
6 Car. I, July 6. Westminster.—The King to the Council. Announcing the above decision, and that oaths are to be taken by the judges, and the fees divided among them.
Memorandum.—That, shortly after, Robert Thornes delivered up his patent accordingly.
f. 152b. 5 Car. 1, Oct. 26. Westminster.—Letter under Privy Seal erecting the office of Clerk of the Billets for Wales and the Marches, and appointing Robert Tirwhitt Esqre to it, during pleasure. The fee to be 2d for each Billett.
f. 154. 6 Car. 1, May 12. Westminster.—The King to the Earl of Northampton and the Council, requiring them to admit Robert Tirwhitt accordingly, and to enrol the above privy seal in their Court that all persons may take notice thereof.
Note at bottom of letter:—It is our will and pleasure notwithstanding the death of the Earl of Northampton that you the judges proceed according to this our letter. St. James', 1 July, 6 Car. 1.
f. 154c. 1630, July 9.—Deputation of the office by R. Tirwhitt to Thomas Hanmer Esqre, during R. Tirwhitt's pleasure. Witnessed by Philip Willoughby, Hen. Shuter, John Cresswell.
f. 154d. 1634, June 22.—Appointment of William Haughton of Haughton in Cheshire gent., and James Haughton his brother, to be R. Tirwhitt's deputies for 3 years, and revocation of an appointment of William Langton. Witnessed by John Essington, Henry Shuter, Edw. Bosden.
f. 155. 1630, Nov. 11. Ludlow.—Order that if leading interrogatories are administered in future, the Counsel Attorney or Clerk who drew them, or, if not drawn by them, the party on whose behalf they were issued, shall be fined. Signed by Sir J. Bridgeman, Sir N. Overbury, Sir M. Lloyd, Justice Waties.
f. 155b. 6 Car. 1, Feb. 20. Westminster.—The King to the Council, requiring them to admit Richard Wigmore, gent., as deputy of Lord Goring, to the office of entering of causes in hearing and making of warrants of attorney, which office the King had granted to Wigmore under the privy seal, but finding that it was part of Lord Goring's office as secretary, he requested Lord Goring to appoint Wigmore his deputy.
1630, Feb. 31.—Deputation by Lord Goring to Richard Wigmore accordingly.
f. 156.—Form of oath taken by Richard Wigmore.
1630, March 12. Ludlow.—Orders for the hearing of causes must be served on parties dwelling in other counties than Salop, Hereford, Worcester, Monmouth, Montgomery and Radnor, six days before the day of hearing instead of three days as heretofore. Three days are sufficient for the Counties named. Signed John Bridgeman, N. Overbury, Edw. Waties.
f. 156b. 1630, March 19. Ludlow.—Appointment of Rowland Higgins to be messenger or pursuivant in place of Thomas Taylor deceased. Signed (autographs) by Jo. Bridgeman, Nich. Overbury, Marmaduke Lloyde, Edw. Waties, Ric. Foxe.
Memorandum that R. Higgins took the oath 20 March, 6 Car. I.
f. 157. Another copy of the order of 12 March 1630 about serving orders of hearing.
1631, July 8.—Order that as "divers of the inhabitants of the towns of Shrewsbury and Wrexham have lately died of the plague and the infection there is dangerous" none of the inhabitants of those towns be allowed to appear in this Court till further order, and no advantage is to be taken against them in their absence; and any Counsel, Attorney, Clerk, or officer of the Court admitting such inhabitants to their office or company shall be suspended from practice. Signed by Jo. Bridgeman, Nicho. Overbury, Mar. Lloyde, Edw. Waties.
1631, July 16.—J. [Earl of] Bridgewater to the Council. He has received their letter about a prohibition granted out of the King's Court upon the information exhibited by Mr. Eure Her Majesty's Attorney by the relation of John Turnor of Coddington against John Turnor of Colwall. He agrees with the Council in disliking the multitude of these prohibitions, and the clashing of the different Courts, and will do what he can to check it, but hopes that the Council will be careful in pursuance of their Instructions, which will of itself tend greatly to the result desired. Counsel and Attornies applying for such prohibitions improperly should be admonished.
f. 157b. 6 Car. 1. Dec. 6.—The King to the Council.
Price Holland of the County of Flint has avoided service of processes issued against him by Thomas Roe for debt. The Council are to find him and make him appear in their Court and answer T. Roe's complaints.
f. 158. 7 Car. 1. June 20.—Trinity Term. Order by Court of Exchequer. Robert Wynne, Sheriff of Denbighshire, and his undersheriff, had been attached and imprisoned by the Court of the Marches for executing an extent out of the Exchequer upon the body of Piers Holland, Esqre. Thereupon the Exchequer issued an Injunction to stay the proceedings, and a Certiorari to remove the bonds the Sheriff had had to enter into, and a conditional attachment against Mr Justice Waties and Richard Jones the Serjeant at Arms. The case was argued in the Exchequer by Mr Calthrop and Sir Thomas Roe and Mr Littleton and it is now ordered that all the above orders be made void and the whole cause left to the Council to deal with.
Petition of the said Robert Wynne and of Edward Williams his deputy to the Earl of Bridgewater, Lord President of the Council and to Sir John Bridgman and the rest of the Council, that proceedings against him may be stayed and his bond cancelled, and confessing his mistake in arresting Piers Holland who was already under arrest of the Serjeant at Arms of the Court of the Marches.
Note by the Earl of Bridgwater recommending him to favour "if the course now taken be such as was agreed on in my presence by Sir John Bridgeman for the satisfaction and reparation of the Court of the Council of the Marches and in particular of Mr. Waties."
f. 158b. Another copy of the same petition, with note at foot. 3 Sept. 1631. Petitioners bonds to be delivered up unto him. Signed J. B., N. O., M. Ll., E. W.
7 Car. 1. Sept. 3. Ludlow.—Formal order for delivery up of the bonds accordingly. Signed M. Lloyd.
7 Car. 1. Jan. 29. Ludlow.—Leave of absence to Mr Tournour, H.M.'s Solicitor, and appointment of John Robins Esqre as his deputy in his absence. Signed by John Bridgeman, Marmaduke Lloyd, Edw. Waties.
f. 159. 1631, Jan. 23.—Orders to be observed by Attorneys and Clerks, in addition to the orders of 4 December, 7 James 1.
1. Attorneys being allowed two clerks each, the clerks must not have the keeping or carrying of any record of this Court until they are sworn and inrolled; they must write in their master's chambers, and get no one but their masters to put their hands to their bills, pleadings, and orders, unless their master is out of the town.
2. Counsellors' clerks are likewise to be sworn, and to return all books.
3. Clerks must not themselves keep clerks.
4. No examiner or officer of the court may practise as attorney or solicitor.
5. No attorney or clerk shall deliver any Record of the Court to any one but a Counsellor, Attorney, or Clerk sworn.
6. Attorneys and Clerks must carefully restore all Records to the office of Clerk of this Council.
f. 159b. 7. Interrogatories must be signed by a Counsellor or Attorney or in his absence by a Clerk.
8. Bills of Stay must be signed by an Attorney or a Clerk before they are presented to one of the Council.
9. Bills must be complete in the office on the day fixed for appearance to them.
10. Attorneys or Clerks getting books delivered to them without cause shall pay a penalty.
Signed Jo. Bridgeman, N. Overbury, M. Lloyd, Edw. Waties.
1631. 7 Car. 1. June 26. Greenwich.—The King to John, Earl of Bridgewater appointing him to be President in place of William Earl of Northampton deceased.
f. 160. 7 Car. 1. July 24. Oatlands.—Warrant granting deer to the Council, in the same form as that of 16 James 1, on f. 107b.
f. 160b. 1633, Oct. 28.—Earl of Bridgewater to the Council, sending the new Instructions.
1633, Nov. 26.—Memorandum that Sir John Bridgeman, Sir N. Overbury, Sir M. Lloyd, and E. Waties, Esqre were sworn in open Court according to the new Instructions.
1633, Nov. 27.—Mem. that George Bridgeman Esqre. was sworn one of this Council.
f. 161. 9 Car. 1. May 12. Theobalds.—The Earl of Bridgewater's Instructions. (Rymer's Fædera xix., p. 449. Of the 10 articles there omitted, Nos. 33, 34, 39, 41, 43, 44, 45 and 51 are the same as those herein before printed from the Instructions of 1617; and 37 and 38 are identical with those in the Instructions of 1617 printed in Rymer's Fædera xvii. 39).
f. 178b. 9 Car. 1. Nov. 30. Ludlow.—Order for payment of 40s. a year to Edward Bulstrod for being of Counsel to this Court in all occasions at Westminster. Signed Jo. Bridgeman, N. Overbury, Edw. Waties.
9 Car. 1. Jan. 28. Ludlow.—"Process to bind" shall not henceforth be granted unless the allegations contained in it are verified on oath; it having been found that they are often untrue though verified as true by the signature of the attorney or clerk.
f. 179. 7 Car. 1. July 24.—The King to the Council. Prohibitions from Westminster have become too frequent. The Council must be very careful not in anything to transgress the Instructions, "which layd for a ground we then further charg you to see that our Subjects bee not deluded nor delayed in their just remedies, but that you cause our decrees to be fully and speedily performed by all such ways and means as is used in our Court of Chancery, notwithstanding any prohibicon to be granted to the contrary, to stay such your proceedings warranted by our said Instruccons." "In all questions of jurisdiction, assuming the judgement thereof to ourself, wee will ever bee ready to hear and judg equally betwixt the Courts," "it being indeed most proper to our self (as most indifferent) to settle those differences than any other person concerned therein either in extent of power or point of benefitt."
The original MS. ends here; but the owner of it at the end of the last century inserted some original documents and copied some others into the book. These are :—
f. 179. 1. An original petition from the borough of Ludlow to the Master of the Rolls to vacate the Inrollment of a Deed surrendering their Charter, enrolled in 1684. The petition is undated, but endorsed for hearing on 25 March 1690.
f. 179b. 2. 8 Car. 1. Dec. 20. Copy of Patent appointing Commissioners to remove obstacles from places within two miles of London where Archery has customarily been practised.
f. 180b. 3. 40 Eliz. June 29. Copy of Patent, being an exemplification of Charters relating to the neighbourhood of Dudley and Wolverhampton &c., made at the request of Richard Colbourne, Richard Hammett, Richard Shaw, Oliver Dixon, Nicholas Bradley, John Hodgett, Richard Jevon, and Robert Hodgett; and headed "A Copy of the Charter with Queen Elizabeth's seal annexed in the hands of Mr. Daniel Shaw of Dudley."
f. 183b. 4. No date. "The officers in household to the late Viscount Mountacue with their several charges and order for the government of his Lordship's house."
5. Extracts from a book entitled "A brief treatise to prove the necessitie and excellence of Archerie" &c. by R.S., 1596.
6. "Extracts from a MS. of Richard Podmore A.B., Rector of Copenhall in the County Palatine of Chester and Curate of Cundover in the County of Salop, made by him in 1765." These are printed in Documents connected with the History of Ludlow, but without the Author's name.
f. 191b. 7. Copy of "A remonstrance of the Justices in Ordinarie in the Marches of Wales to the Right Honble the Lord President of the Council." It recites some of the Instructions, and cites a number of facts to show that the Lord President has usurped to himself authority over the household, and made a profit out of it, which properly belongs to all the Justices; among other things he has "carried the King's plate and linen to Golden Grove [seat of the Earl of Carberry, Lord President 1660 to 1672], a thing never heard of"; and "command has been given to search the lodgings, to see if we have any of the King's goods there, and to bring them away, and our servants slandered and abused, and some of them by the Lady's order commanded out of her house; its well she cannot carry the Castle with her." It ends—If the Lord President "were somewhat admonished I think he would not be so apt to ill treat us, nor his Lady neither, and to tell us in effect we have nothing to do in the government of the household, as his Lady writes, who no doubt had it from himself." Addressed "ffor my honble friend Sir Job Charlton Kt Serjeant at law, Chief Justice of Chester." No date.
In the margin of the page on which this is copied is written:—"The following extracts are made from authentic papers (found at Park near Oswestry the house of the descendants of the Chief Justice Charlton of Ludford, Chief Justice of Chester) by me in anno 1789. The originals are in this book or in a bundle in the bookcase."
f. 192. 8. Services done by H. M.'s Keeper of Ludlow Castle and his servants.
f. 192b. 9. 17 Car. 2, Nov. 29, and 18 Car. 2, May 14. Further Instructions to the Council as to the taking of oaths.
10. 8 Car. 1, Oct. 10, and 9 Car. 1, Oct. 23. Proceedings on an information exhibited by the Attorney General against Edw. Jones and others Bailiffs and Burgesses of Ludlow about 5 Mills in Ludlow which had belonged to the Prioress of Acconbury in Herefordshire and came to the Crown by the dissolution of the Monasteries, but have ever since been detained by the Defendants. They are headed "Anno nono Reg. Caroli Marturii," and "Reg. Caroli Martis."
11. 23 Car. II., Feb. 12. Copy of exemplification of some of the proceedings in the last mentioned case.
f. 193. 12. 1662, July 13. Appointment of Robert Milward, one of the Justices of the Great Sessions within our Counties of Carnarfon Merioneth and Anglesey, to be of the Council of the Marches.
f. 193. 13. Undated.—Petition of Sir Job Charlton Kenrick Eyton George Johnson and Francis Mayley, Justices of the Council of the Marches, that their salary of 100 marks may be increased, as to Sir Job Charlton to 200l. and as to the rest to 10Cl.
f. 193b. 14. 1663.—Account of fees received by Sir Job Charlton in 1662 and 1663 (original inserted in the book).
f. 194. 15. 1627.—"Articles of the evil behaviour of Richard Longwall of Wydbach [Woodbach] in the County of Salop now standing bound for his good behaviour exhibited and proved the 19th day of October before Humfrey Walcott Esqre and Richard Moore Esqre J. P's for the said County to the end that he may continue so bound." He conspired with Richard Latward and Thomas Longwall to charge Mr Justice Doddridge with partiality in a trial before him on 17 July last, and was committed to prison for it. He was drunk in Bishops Castle 17 Aug. last. He is a perverse and troublesome fellow and turbulent amongst his neighbours. He has been vehemently suspected and accused of causing the death of Philip Wall by beating him.
Opinion in margin signed W. Littleton that proceedings must be taken before Justices of the Peace of the neighbourhood, not in the King's Court.
f. 194b. 16. Notes (pasted into the book) on the "State of the Tyufarmers' Case." Their patent provided for the rent to abate in case of civil war or other destruction of the preemption. The King by patent in 1642 discharged the rent, which they paid up to January 1642. The Parliament nevertheless by imprisonment of the farmers and of their "Casheire" did force 8,000l. from them. Afterwards in 1643 the said farmers lent the King 11,530l.
17. 1642. Jan. 16.—Order of House of Commons that "Mr Overinge cash keeper to the Tynfarmers be forthwith summoned in safe custody, and that such moneys as be in his hands that belong to the Tynfarmers be seized by Colonel Mainwaringe.
18. 1642. Jan. 17.—Order of House of Commons that 1,600l. of the money seized of the Tynfarmers by Capt. Thomas Player be paid to Mr Dicks "as part of the brotherly assistance."
f. 195. 19. 1 & 2 Philip and Mary. Oct. 10.—Copy of deed by which Jane Fox grants to the Bailiffs and Burgesses of Ludlow a burgage and tenement in Ludlow worth 23s. 4d. a year on condition of their keeping up certain masses for the souls of Richard Downe, Agnes his wife, William Fox and Jane his wife and their parents, and to make certain payments to the poor in St. Giles' almshouse; and if any law should hereafter make the masses illegal, then the whole sum to go to the almshouse.
The original of this deed, but without the seal, is inserted in the book.
f. 195b. 20. No date. Copy of Address of the Speaker of the House of Commons to Charles II. on his election, "their former Speaker being honoured by your Majesty into an incapacity of further serving them as Speaker."
21. A paper inserted in the book headed Mr Baxter's Expositions upon the New Testament, and endorsed by Mr Dovaston (about 1790). "These were the charges against Mr Baxter's Sermons for which he was imprisoned. I found this paper among Judge Charlton's papers" [viz. at Park, near Oswestry, which belonged to the Charlton family].
f. 196b. 22. Undated.—Copy of Thos. Alured's letter to the Marquess of Buckingham (about the treaty for Prince Charles' marriage with Spain).
A contemporary copy of the letter is inserted in the book.
Various printed proclamations of Charles II.'s time, &c., are inserted at end and beginning of book.
R. Lloyd Kenyon.