The Dialogue of the Government of Wales (1594)

Updated Text and Commentary

John Gwynfor Jones

• Publisher: University of Wales Press
• Year: 2010
• ISBN:
  9781783164035
• Edition: 1
• Topic: Droit
• Subtopic: Histoire juridique

This volume is broadly divided into two main sections. The first part comprises a detailed introduction to the background of "The Dialogue", written in 1594 by George Owen of Henllys, north Pembrokeshire, followed by an updated version of the text with explanatory notes. George Owen was the most observant Welsh historians of the late sixteenth century, and in the "Dialogue" he discusses the main functions of legal institutions of government in Tudor Wales following the Acts of Union (1536-43). The discourse is not merely a description of those institutions but rather, in the form of a dialogue, it provides an analysis of the good and bad aspects of the Tudor legal structure. Emphasis is placed on the administration of the Acts of Union, and comparisons are drawn with the harsh penal legislation which had previously been imposed by Henry IV. Owen reveals the strengths and weaknesses of the Henrician settlement, but heartily praises the Tudor regime, regarding Henry VII and Henry VIII as liberators of the Welsh nation which the author, in the 'prophetic tradition', associated with the nation's historic destiny. In this 'Dialogue' Demetus is described as a native Welsh gentleman and Barthol as the German lawyer from Frankfort travelling through Europe and observing legal practices. The Socratic method applied reveals the Renaissance style of conducting debates, a framework which gives the work much of its appeal. The "Dialogue" is an invaluable Tudor source which places Welsh Tudor government and administration in a broader historical perspective.

The Dialogue of the Government of Wales (1594)

GEORGE OWEN OF HENLLYS, PEMBROKESHIRE¹

Preface

Gentle Reader, for the most part of this last year, my private study which I use rather for my recreation than for any toil I take therein was in reading and searching out the ancient state of my native country of Wales wherein I endeavoured especially to learn how the same country was first brought subject to the hands of diverse English lords as in the end it was and to the Crown of England in sort as now it is; as also in noting how and in what sort and with what laws and Governors the same has been ruled from time to time since the Conquest, wherein I might see and perceive the miserable and lamentable estate of that poor afflicted nation and country in former time as well in subduing of the country by fire and sword and the continual thrall thereof for many years by the misgoverned Governors of each several province, country or lordship thereof rather endeavouring themselves to live upon the spoil and fleece of the poor people than to see them well governed and their oppressions redressed.² Therein also appears the happy reforming of the said government in the time of Henry the Eighth by reducing the same into shires and in providing sweet and wholesome laws for the government thereof that comparing the present government of Wales with the government of the rest of this realm I find ourselves now in far better estate than any other part thereof governed with more ease and less charge.³ Which things by me being noted as I passed by in reading thereof I collated the same together which, for the more easy understanding, I have done it dialogue wise in sort as you see which, when I had done, I added thereunto some few things such as in my simple opinion I thought might be reformed and for the which I have heard as well the reasons of those that were learned as the complaints of those that were grieved therewith.⁴ And although I well know that diverse matters spoken of herein are too high and too weighty for me to presume to handle or deal withal, yet, seeing they remain as griefs forgotten and thought upon but of few, I have been so bold as to put the same drawn briefly as remembrances for others to view and that are more fit to deal further in hereafter when opportunity shall serve and that they shall see cause. Which things also being well considered should and ought to move us upon the knees of our hearts to thank the living God that has so mercifully provided for our deliverance out of ancient thraldom and frame ourselves more agreeable to his will and to hold our obedience towards our Prince with a more willing and firm heart, by whose means we are thus peaceably governed comparing our former oppressions with our present happy estate:⁵ beside the matters aforesaid there is partly touched the manner of the first subduing of the country of Wales by the English lords. All which matters I have but touched as briefly as I might whereby it may be perceived that my meaning was not to handle those matters to the full nor to discourse so largely as the same required: but referring the same to others of better skill than myself I have laid them but as notes for their better remembrances as before I have said. The other part of my notes which I have gathered by reading which is the order of conquering and subduing of Wales, and how and by what English lord each country and lordship was first subdued and taken from the ancient owners thereof, I have now in hand.⁶ Which work for that it is a far more tedious labour and which, without search of some matters of antiquity not to be found in this country and conference with some skilful in those antiquities, I am not able so to perfect as I have determined to do and as (if I may have time and opportunity) by God’s grace I hope to accomplish.

A Dialogue of the present government of Wales anno domini 1594. Wherein as well the ordinary proceedings of justice in most of the courts there is briefly handled, what matter each court determines, as also some defects not provided for when Wales was first brought to be shire-ground, and now fit to be redressed by Parliament, together with some inconveniences that may be reformed by the Judges and Ministers of those courts.⁷

The speakers’ names are Barthol, a Doctor of the Civil law [and] Demetus, a Pembrokeshire man.

THE CHIEF MATTERS THATARE HANDLED IN THIS BOOKARE THESE.

Of the Court of the Council of the Marches.

That it is a Court of Justice and trial of causes.

That it has the authority of the Star Chamber and Chancery.

Their authority is by Articles from Her Majesty.

What matters they most commonly hear and determine.

The four terms at the Council when they begin and end.⁸

Whether the same court be necessary or not for the government of Wales.

Of the smallness of charges awarded in that Court.

Complaint of the multitude of frivolous suits there and the causes thereof. Of the multitude of Attorneys there.

Of the multitude of unnecessary processes at the Council.

Smallness of charges awarded there is the cause of many frivolous suits. Smallness of charges awarded to the Plaintiff causes the defendant wilfully to delay the [cause or]⁹ suit.

That the multitude of processes in causes at the Council breeds too much delay before the defendant can be brought to answer.

Of the speedy trial that the said Court yields after appearance.

The good order observed there for suing forth of process there.

The inconvenience in holding plea of all manner of suits there.

How the multitude of frivolous suits might be redressed.

The description of the nine courts of Westminster.

Wales more bound of late to the Kings of England than any other province of England for their good laws.

The hard laws of Henry the Fourth against Welshmen.¹⁰ The cause why King Henry the Fourth hated Welshmen.

The rising of Owain Glyndŵr against Henry the Fourth who then usurped the Crown of England.

The great happiness that came into Wales by coming of King Henry the Seventh to the Crown of England.

That King Henry the Seventh was a Welshman by descent and birth, that he was born in Pembrokeshire, and landed there when he achieved the Crown of England.

That his father’s bones do rest there in great reverence and estimation.

That he gave in charge to his son Henry the Eighth to have special care of his native country of Wales.

Of the great care that King Henry the Eighth had of his father’s commandment, and of most pleasant [and easy] laws which he provided for the same.¹¹

That there is a Common Pleas, King’s Bench and Chancery in every shire in Wales.

Justices of Assize and Great Sessions in every shire in Wales.¹²

The great and large authority of the Justices of Assize in Wales.

The subjects in Wales equal in freedom with the subjects of England, and now are of the Parliament of England.¹³

The great care that Her Majesty that now is had in providing two Justices for every circuit in Wales.¹⁴

A description of the Great Sessions in Wales and the officers thereof.

Of a shift and slight whereby prisoners and offenders do escape punishment at the Great Sessions unknown to the Judges.

Whether the Justices of Assize in Wales be sworn.

A fault imputed to the Justices of Peace that guilty prisoners escape.¹⁵

The Justice of Peace excused for that fault which is laid elsewhere.

Another fault whereby thieves do escape punishment.

Complaint of the husbandmen for the unfit time that those Sessions are sometimes kept in.

Of two ancient Terms that were kept in Wales yearly, by Hywel Dda’s laws,¹⁶ and how well those Terms were placed for the ease of that country.

That those two Terms had 67 days more than the four Terms at Westminster now have, and yet no hindrance to the husbandmen.

Of the Chancery Court before the Justices of Assize in Wales, and of the great benefit that would ensue thereby if some defects there were reformed.

That the Protonotaries of the circuits in Wales dislike of that Chancery before the Justices.

That the Protonotaries are nothing or very little hindered by the same.¹⁷

Adescription of the Quarter Sessions.¹⁸

Of the great care that the laws have in appointing Justices of the Peace and what manner of men they ought to be.

That it is fit the Statute for the Ordinances of Wales were reformed touching Justices of Peace and Sheriffs.

How that fault in the Statute could not be remedied at the first when Wales was brought to be shireground as now it may.

How felons escape oftentimes by the negligence of the Justice of Peace in their examinations, especially for robberies and burglaries.

Defect in the Quarter Sessions by lingering pleas upon recognizances¹⁹ forfeited.

Of the keeping of the Quarter Sessions out of time.

Of Base Courts, and of the County Court;²⁰ of the worthiness thereof above all other Base Courts, and of the great decay of the same in Wales of late and why.

Of the High Sheriff and his authority and charge.²¹

Of the inconveniences that Sheriffs and Escheators²² in Wales are not sworn at home in the country as Sheriffs of England are.

A description of the Sheriff’s office and duty.

That the Sheriffs in Wales are charged with the gathering of estrays,²³ and not the Escheators.

Of the great benefit and ease that the Sheriffs and all the people of Wales receive by the Exchequer which they have in their country, and with what ease the Sheriffs do pass their accounts in Wales.

Of the inconvenience that Collectors of the Subsidies²⁴ in Wales are forced to account at London, seeing that all the rest of Her Majesty’s revenues are paid into the Receiver’s hands here in the country.²⁵

[Whether it were beneficial; for Wales that all base courts were dissolved and all suits brought to the Great Sessions before the Justices of Assize.]

[The multitude of Base Courts breed much inconvenience.]²⁶

The disorders of Sheriffs’ Hundreds.²⁷

[That all actions should be brought from the Hundred Court to the County.]²⁸

(The Sheriff is Judge in the County and Hundred Courts, and how and when those courts are usually kept.²⁹

The inconveniences of the Hundred Courts newly erected.

Multitudes of actions in those Hundred Courts.

Wales divided into thirteen shires.

No Court Baron³⁰ or Leet³¹ kept where the said ancient Hundred Courts were.

Three and twenty ancient hundreds in Wales before the Statute of 27 Henry the Eighth.

Dividing of nine shires of Wales into new hundreds.

No suitors in any of these new hundreds whereby any Hundred Courts may be kept.

That a writ of false judgement lies not in the new Hundred Courts for want of suitors to certify the record.

Sheriffs in Wales cannot prescribe to keep these Hundred Courts.

When and at what time first Sheriffs began to keep Hundred Courts in these new hundreds in Wales.

Some Sheriffs fined for keeping these Hundred Courts.

Some hundreds newly annexed to English shires.

The Hundred Courts suppressed in Monmouthshire by whom and when.)

[Exclamation against the Sheriffs’ Bailiffs.³²

Whether it were better that those Bailiffs should continue in their office for a time or be removed yearly as they are.

Of the inconveniences that is fo...

Table of contents

• Cover
• Title
• Copyright
• Dedication
• Contents
• Preface
• Acknowledgements
• Abbreviations
• Note on texts
• Introduction
• The Dialogue of the Government of Wales (1594)
• Appendix
• Bibliography