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England, having anciently given unto divers Lords, and great Men, large Territories in WALES, conſtituted them LoWales was erected to preſerve the publick peace, and for that end, to have a general Juriſdiction over the Principality of Wales, and all the Lordſhips-Marchers in Criminal Cauſes; but never held any Pleas in any Civil Actions, until after the Erecting the Court of Star-Chamber.
The firſt Commiſſion and Power granted to that Court to hear and determine Civil Actions, was in the Reign of Hen. 8. And the Conſtituting Clauſe in the Statute of the 34. and 35 of Hen. 8. relates only to the Star-Chamber Juriſdiction.
The Lordſhips-Marchers (being found inconvenient) by an Act made 27 Hen. 8. were made new Welſh Counties, and the Court of the great Seſſions Erected, which ſtill continues; And leſt Wales ſhould not acquieſce under ſuch Conſtitution, the Court before the Preſident and Council of the Marches was continued, in the Nature of the Court of Star-Chamber only.
The Statute of 16 Car. 1. which took away the Star-Chamber, doth alſo take away this Court, and the Lord Preſidents Court in the North; And declares that the King and Council have no Juriſdiction by Engliſh-Bill, or otherwiſe, to determine Civil Cauſes: But that the ſame ought to be determined in the Courts of Juſtice, by the Ordinary Courſe of Law.
I. It is a great and conſtant Annual Charge to the Crown, and is of no Advantage to it, but an intollerable Grievance to the Subject: All Cauſes Tried there one year with another, amount not in Value, by common computation, to above 400
l
tho the Expence to the Subjects is at leaſt 30000
l
per Annum; moſt of the Actions brought there, being for Treſpaſſes, Aſſaults, and other trivial Actions, where the Damages are generally 4
d
or 6
d
and ſeldome exceed Ten Shillings.
II. It is uſeleſs, the Reaſons for Erecting and continuing it Ceaſing: It is not concerned in the preſerving of the Publick Peace, That being done by the Judges of the great Seſſions, and Juſtices of the Peace, as in all Engliſh Counties.
III. The Lands and Poſſeſſions of the Prince of Wales are long ſince ſold, and all the Revenue ariſing from Wales, is now yearly paid to the Receiver for Wales, and Anſwer'd into the Exchequer at Weſtminſter, which was provided for by the Statute 27 Hen. 8.
IV. The Court of the Great Seſſions held twice every year, and kept for Six Days in every County, hath in it Courts of Common Law and Equity, and all Matters of Law are there Tryed by Jury, and the Expence there in Tryals is much leſs, and Cauſes ſooner determined, if proſecuted, than in the Court of the Marches of Wales; for a Suit in Equity may be brought to a hearing in one Circuit, the Court of Equity going through all the Circuit, which laſts for Three Weeks; and all the Actions under 40
s
and other trivial Actions, ought to be Tried in the County Court, and Court Baron, where the Coſts never exceeds 4
s
as in England.
I. The Conſtitution of that Court is againſt Law, their Proceedings and Decrees being Arbitrary; Damages in Cauſes, wherein Damages are uncertain, aſſeſſed by the Judges without Jury, contrary to the great Charter, the Laws and Birthright of the Subject; from which Decree there lies no Appeal, and yet the Subject cannot Plead the Decree of that Court in Barr to a Suit brought in another Court for the ſame Matter; whereby all Suits and Determinations in that Court become ineffectual.
II. This Court, to encourage Suits, gives the Plaintiff on the leaſt colour of Suit his full Coſts, and holds Plea of Debt under 40
s
and therein, and in Treſpaſſes, Aſ&c. where the Damages are but 6
d
there is uſually 5
l
Coſts, and ſometimes 9
l
or 10
l
Coſts, given to the Plaintiff; and the Defendant, tho put to greater Expence, and the Suit appear vexatious, is diſmiſſed without Coſts.
III. That tho 6
s
8
d
for the delay in having a Dedimus to take Defendants firſt Anſwer, was once taken away, yet the ſame is ſtill exacted by ſome Clerks; and for a ſecond Dedimus they conſtantly exact of the Defendants 10
s
and double the Sum for every other Dedimus; and ſcandalous Perſons are permitted to practiſe there, and the Court grants them Protections from being impleaded in other Courts; and alſo grant Injunctions for ſtay of Proceedings in the Courts of Weſtminſter, and Great Seſſions, and the inferiour Courts; and puniſh the Diſobedience to ſuch Illegal Injunctions, by Impriſonment and otherwiſe.
IV. That Prohibitions uſually granted in the Courts at Weſtminſter to ſtay Proceedings in the ſaid Court of the Marches, have of late (to advance Arbitrary Power) been denied in any Action whatſoever, tho Damages be uncertain, which Practice is maintained by a general Contribution of all the Clerks there.
V. That before Subpoena, which is the Original Proceſs or Summons in that Court, the Court grants a binding Proceſs, in nature of an Attachment in Chancery; and the Parties taken thereupon, and upon other Proceſs of Contempt, give Sureties, who are not only obliged for the perſon's appearance, but alſo to pay the Debt; and the Party in Contempt is obliged to appear in perſon, and then being committed to Cuſtody, he is uſually charged at the Suit of other perſons; and his Sureties are equally obliged to anſwer ſuch ſubſequent Charge.
VI. Proceſs of Contempt ought to be directed to the Sheriff; but this Court, till of late, directed them to their own Curſitors only: and when of late they have direct
VII. Witneſſes in Cauſes wherein Damages are uncertain, are examined by Commiſſions, and that executed by one Commiſſioner, and he generally a Sollicitor in the Court named by the Plaintiff; and the Clerks commonly appoint one another Commiſſioners, whereby Perjuries and Frauds are encouraged.
VIII. It is no Court of Record; and their Proceedings are in Engliſh, and Paper, (which is againſt Law); and they cannot try any Error in Fact, having no power to
IX. If any Action be brought for falſe Impriſonment, for executing any Proceſs iſſued out of this Court, the Defendant muſt be at 8
l
or 10
l
Charge to plead to it, ſo that he muſt plead the Statute and Inſtructions.
X. That the Courts of Equity in the Great Seſſions in each County can quiet Poſſeſſions: Yet this Court doth not only quiet, but alter Poſſeſſions; and upon filing a Bill without any Proceſs ſerved, gives Poſſeſſion where none was before. As thus: If the Plaintiff, tho he was never in Poſſeſſion, ſwears, or gets another to ſwear for him, That He, or thoſe under whom he claims, have for three years laſt been in Poſſeſſion, the Court orders the Poſſeſſion to ſuch perſon from the perſon that is in actual in Poſſeſſion, tho at the Hearing it often appears that ſuch Plaintiff hath no Title; and Trial of any Title there is contrary to the Conſtitution of that Court.
XI. Wales are ſubject to the Juriſdiction of the Courts of Weſtminſter Great Seſſions, and this Unneceſſary and Arbitrary Court; and this Court hath been Preſented for a Grievance by moſt of the Grand-Juries in the ſeveral Counties of Wales; and both now and other times the Members of Parliament for Wales have been Charles the Second's time, but the Parliament was prorogued before it could proceed further, and then all Expedients for reforming the Abuſes of the Court were examiWales, by keeping up this Court, are debarred the benefit of the Statute of
Ʋnion, 27 H. 8. which declaThat the Subject in Wales ſhall enjoy all the Freedoms, Liberties, Rights, Privileges, and Laws of England; and that the Laws and Statutes of England, and no other, ſhall be uſed and exerciſed in Wales.
LONDON: Printed in the Year MDCLXXXIX.