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<DATE>2008-11-07</DATE>
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<NAME>Megan Marion</NAME>
<RESP>MURP</RESP>
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<IDG S="marc" R="UM" ID="A78276">
<STC T="W">C1179C</STC>
<BIBNO T="umi">99897269</BIBNO>
<VID>136963</VID>
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<TEXT LANG="eng">
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<DIV1 TYPE="document">
<PB REF="1" MS="y">
<HEAD>The CASE of Their Maje&s;ties Subjects IN THE PRINCIPALITY of WALES, In Re&s;pect of the COURT held before the <HI>Pre&s;ident and Council in the Marches of VVales:</HI> With their GRIEVANCES, and REASONS for taking away the &s;aid COURT.</HEAD>
<P>_THE Kings of <HI>England,</HI> having anciently given unto divers Lords, and great Men, large Territories in <HI>WALES,</HI> con&s;tituted them Lo<GAP DESC="illegible" EXTENT="1 letter">d|&s;hips-Marchers, with &s;eparate Juri&s;dictions; which occa&s;ioned &s;everal Murthers, Robberies, and other Outrages; and the Offenders e&s;cape Puni&s;hment, by flying from one Lord&s;hip-Marcher into another, where the King's Writ did not run: Therefore the Court of the Marches of <HI>Wales</HI> was erected to pre&s;erve the publick peace, and for that end, to have a general Juri&s;diction over the Principality of <HI>Wales,</HI> and all the Lord&s;hips-Marchers in Criminal Cau&s;es; but never held any Pleas in any Civil Actions, until after the Erecting the Court of <HI>Star-Chamber.</HI></P>
<P>The fir&s;t Commi&s;&s;ion and Power granted to that Court to hear and determine Civil Actions, was in the Reign of <HI>Hen.</HI> 8. And the Con&s;tituting Clau&s;e in the Statute of the 34. and 35 of <HI>Hen.</HI> 8. relates only to the <HI>Star-Chamber</HI> Juri&s;diction.</P>
<P>The Lord&s;hips-Marchers (being found inconvenient) by an Act made 27 <HI>Hen.</HI> 8. were made new <HI>Wel&s;h</HI> Counties, and the Court of the great Se&s;&s;ions Erected, which &s;till continues; And le&s;t <HI>Wales</HI> &s;hould not acquie&s;ce under &s;uch Con&s;titution, the Court before the Pre&s;ident and Council of the <HI>Marches</HI> was continued, in the Nature of the Court of <HI>Star-Chamber</HI> only.</P>
<P>The Statute of 16 <HI>Car.</HI> 1. which took away the <HI>Star-Chamber,</HI> doth al&s;o take away this Court, and the Lord Pre&s;idents Court in the <HI>North;</HI> And declares that the King and Council have no Juri&s;diction by Engli&s;h-Bill, or otherwi&s;e, to determine Civil Cau&s;es: But that the &s;ame ought to be determined in the Courts of Ju&s;tice, by the Ordinary Cour&s;e of Law.</P>
<DIV2 TYPE="reason">
<HEAD>Rea&s;ons for the taking away the CO&V;RT.</HEAD>
<P N="1">I. It is a great and con&s;tant Annual Charge to the Crown, and is of no Advantage to it, but an intollerable Grievance to the Subject: All Cau&s;es Tried there one year with another, amount not in Value, by common computation, to above 400 <ABBR><HI>l</HI></ABBR> tho the Expence to the Subjects is at lea&s;t 30000 <ABBR><HI>l</HI></ABBR> <HI>per Annum;</HI> mo&s;t of the Actions brought there, being for Tre&s;pa&s;&s;es, A&s;&s;aults, and other trivial Actions, where the Damages are generally 4 <ABBR><HI>d</HI></ABBR> or 6 <ABBR><HI>d</HI></ABBR> and &s;eldome exceed Ten Shillings.</P>
<P N="2">II. It is u&s;ele&s;s, the Rea&s;ons for Erecting and continuing it Cea&s;ing: It is not concerned in the pre&s;erving of the Publick Peace, That being done by the Judges of the great Se&s;&s;ions, and Ju&s;tices of the Peace, as in all Engli&s;h Counties.</P>
<P N="3">III. The Lands and Po&s;&s;e&s;&s;ions of the Prince of <HI>Wales</HI> are long &s;ince &s;old, and all the Revenue ari&s;ing from <HI>Wales,</HI> is now yearly paid to the Receiver for <HI>Wales,</HI> and An&s;wer'd into the Exchequer at <HI>We&s;tmin&s;ter,</HI> which was provided for by the Statute 27 <HI>Hen.</HI> 8.</P>
<P N="4">IV. The Court of the Great Se&s;&s;ions 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 le&s;s, and Cau&s;es &s;ooner determined, if pro&s;ecuted, than in the Court of the <HI>Marches of Wales;</HI> for a Suit in Equity may be brought to a hearing in one Circuit, the Court of Equity going through all the Circuit, which la&s;ts for Three Weeks; and all the Actions under 40 <ABBR><HI>s</HI></ABBR> and other trivial Actions, ought to be Tried in the County Court, and Court <HI>Baron,</HI> where the Co&s;ts never exceeds 4 <ABBR><HI>s</HI></ABBR> as in <HI>England.</HI></P>
</DIV2>
<DIV2 TYPE="grievances">
<HEAD>The GRIEVANCES.</HEAD>
<P N="1">I. The Con&s;titution of that Court is again&s;t Law, their Proceedings and Decrees being Arbitrary; Damages in Cau&s;es, wherein Damages are uncertain, a&s;&s;e&s;&s;ed 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 &s;ame Matter; whereby all Suits and Determinations in that Court become ineffectual.</P>
<P N="2">II. This Court, to encourage Suits, gives the Plaintiff on the lea&s;t colour of Suit his full Co&s;ts, and holds Plea of Debt under 40 <ABBR><HI>s</HI></ABBR> and therein, and in Tre&s;pa&s;&s;es, A&s;|&s;aults, and Slander, <HI>&amp;c.</HI> where the Damages are but 6 <ABBR><HI>d</HI></ABBR> there is u&s;ually 5 <ABBR><HI>l</HI></ABBR> Co&s;ts, and &s;ometimes 9 <ABBR><HI>l</HI></ABBR> or 10 <ABBR><HI>l</HI></ABBR> Co&s;ts, given to the Plaintiff; and the Defendant, tho put to greater Expence, and the Suit appear vexatious, is di&s;mi&s;&s;ed without Co&s;ts.</P>
<P N="3">III. That tho 6 <ABBR><HI>s</HI></ABBR> 8 <ABBR><HI>d</HI></ABBR> for the delay in having a <HI>Dedimus</HI> to take Defendants fir&s;t An&s;wer, was once taken away, yet the &s;ame is &s;till exacted by &s;ome Clerks; and for a &s;econd <HI>Dedimus</HI> they con&s;tantly exact of the Defendants 10 <ABBR><HI>s</HI></ABBR> and double the Sum for every other <HI>Dedimus;</HI> and &s;candalous Per&s;ons are permitted to practi&s;e there, and the Court grants them Protections from being impleaded in other Courts; and al&s;o grant Injunctions for &s;tay of Proceedings in the Courts of <HI>We&s;tmin&s;ter,</HI> and Great Se&s;&s;ions, and the inferiour Courts; and puni&s;h the Di&s;obedience to &s;uch Illegal Injunctions, by Impri&s;onment and otherwi&s;e.</P>
<P N="4">IV. That Prohibitions u&s;ually granted in the Courts at <HI>We&s;tmin&s;ter</HI> to &s;tay Proceedings in the &s;aid Court of the Marches, have of late (to advance Arbitrary Power) been denied in any Action what&s;oever, tho Damages be uncertain, which Practice is maintained by a general Contribution of all the Clerks there.</P>
<P N="5">V. That before <HI>Subpoena,</HI> which is the Original Proce&s;s or Summons in that Court, the Court grants a binding Proce&s;s, in nature of an Attachment in <HI>Chancery;</HI> and the Parties taken thereupon, and upon other Proce&s;s of Contempt, give Sureties, who are not only obliged for the per&s;on's appearance, but al&s;o to pay the Debt; and the Party in Contempt is obliged to appear in per&s;on, and then being committed to Cu&s;tody, he is u&s;ually charged at the Suit of other per&s;ons; and his Sureties are equally obliged to an&s;wer &s;uch &s;ub&s;equent Charge.</P>
<P N="6">VI. Proce&s;s of Contempt ought to be directed to the Sheriff; but this Court, till of late, directed them to their own Cur&s;itors only: and when of late they have direct|ed to the Sheriffs and Cur&s;itors, they are always executed by the Cur&s;itors only, whereby the Poor are much oppre&s;&s;ed, and pay intollerable Compo&s;itions. And if any of their Cur&s;itors, who are generally lewd per&s;ons, make any Affidavit of any Abu&s;e in &s;erving of Proce&s;s, a Serjeant at Arms is immediately thereupon &s;ent and the Party, before he be heard, mu&s;t pay the Serjeant's Fees, and what the Court thinks fit, or &s;ent to Pri&s;on, tho the Oath be never &s;o much fal&s;ified.</P>
<P N="7">VII. Witne&s;&s;es in Cau&s;es wherein Damages are uncertain, are examined by Commi&s;&s;ions, and that executed by one Commi&s;&s;ioner, and he generally a Sollicitor in the Court named by the Plaintiff; and the Clerks commonly appoint one another Commi&s;&s;ioners, whereby Perjuries and Frauds are encouraged.</P>
<P N="8">VIII. It is no Court of Record; and their Proceedings are in <HI>Engli&s;h,</HI> and Paper, (which is again&s;t Law); and they cannot try any Error in Fact, having no power to <GAP DESC="illegible" EXTENT="2 letters">mmon a Jury.</P>
<P N="9">IX. If any Action be brought for fal&s;e Impri&s;onment, for executing any Proce&s;s i&s;&s;ued out of this Court, the Defendant mu&s;t be at 8 <ABBR><HI>l</HI></ABBR> or 10 <ABBR><HI>l</HI></ABBR> Charge to plead to it, &s;o that he mu&s;t plead the Statute and In&s;tructions.</P>
<P N="10">X. That the Courts of Equity in the Great Se&s;&s;ions in each County can quiet Po&s;&s;e&s;&s;ions: Yet this Court doth not only quiet, but alter Po&s;&s;e&s;&s;ions; and upon filing a Bill without any Proce&s;s &s;erved, gives Po&s;&s;e&s;&s;ion where none was before. <HI>As thus:</HI> If the Plaintiff, tho he was never in Po&s;&s;e&s;&s;ion, &s;wears, or gets another to &s;wear for him, That He, or tho&s;e under whom he claims, have for three years la&s;t been in Po&s;&s;e&s;&s;ion, the Court orders the Po&s;&s;e&s;&s;ion to &s;uch per&s;on from the per&s;on that is in actual in Po&s;&s;e&s;&s;ion, tho at the Hearing it often appears that &s;uch Plaintiff hath no Title; and Trial of any Title there is contrary to the Con&s;titution of that Court.</P>
<P N="11">XI. <GAP DESC="illegible" EXTENT="1 letter">he Inhabitants of <HI>Wales</HI> are &s;ubject to the Juri&s;diction of the Courts of <HI>We&s;tmin&s;ter</HI> Great Se&s;&s;ions, and this Unnece&s;&s;ary and Arbitrary Court; and this Court hath been Pre&s;ented for a Grievance by mo&s;t of the Grand-Juries in the &s;everal Counties of <HI>Wales;</HI> and both now and other times the Members of Parliament for <HI>Wales</HI> have been <GAP DESC="illegible" EXTENT="1 letter">harged by tho&s;e that cho&s;e them, to repre&s;ent it as a Grievance to the Parliament; and accordingly a Bill for taking it away hath pa&s;&s;ed the Hou&s;e of Com|mons in King <HI>Charles</HI> the Second's time, but the Parliament was prorogued before it could proceed further, and then all Expedients for reforming the Abu&s;es of the Court were exami<GAP DESC="illegible" EXTENT="1 letter">ed and found to be ineffectual. And the King's Subjects in <HI>Wales,</HI> by keeping up this Court, are debarred the benefit of the Statute of <HI>&V;nion,</HI> 27 <HI>H.</HI> 8. which decla<GAP DESC="illegible" EXTENT="2 letters">s, <HI>That the Subject in</HI> Wales <HI>&s;hall enjoy all the Freedoms, Liberties, Rights, Privileges, and Laws of</HI> England; <HI>and that the Laws and Statutes of</HI> England, <HI>and no other, &s;hall be u&s;ed and exerci&s;ed in</HI> Wales.</P>
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<DIV1 TYPE="colophon">
<P><HI>LONDON:</HI> Printed in the Year MDCLXXXIX.</P>
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