THE ORDINANCES OF EDWARD THE SECOND. 1315-6.

A.D. 1315-6.—After the Statutum Wallie there is no legislation relating to WALES until the reign of EDWARD the Second (who was the first Prince of WALES), when two Ordinances were promulgated by that King which are of importance and are printed with the statutes hereafter. They were Ordinances concerning the customs of WEST WALES, SOUTH WALES, and NORTH WALES, and are to be found in Rymer's Fœdera.

An Ordinance differed from a Statute. A Statute was enacted by the King in Parliament and became a permanent addition to the law. An Ordinance was an executive act issued by the King in council, usually of a tentative and temporary nature; it could be recalled by the King; it was not enrolled in the statute book, although it might be converted into a statute. These Ordinances of EDWARD the Second altered and amended certain provisions of the Statutum Walliæ, and dealt with various grievances of the different parts of WALES. It will be noticed that EDWARD the Second declares therein that he was born in WALES, a statement of value in considering the disputed question as to the place of his birth. On reading these Ordinances carefully it will be seen that there are points of difference between them. Both deal with the custom of Amobragium, but nothing is said in the NORTH WALES Ordinance of Westva, Blodwyte, complaints of felonies and torts, and the superabundance of bailiffs.

In dealing with Amobragium, or "Amobr" (the fee payable to the Lord by his tenant on the marriage of the latter's daughter), the Ordinances set up a limit of time (within a year) when the fine could be enacted, and declared also that it should be levied only in those cases in which under the Princes of WALES it could be levied. These fines were farmed out to "amoberers," who greatly oppressed and impoverished the people. Westva was the "gwestva" of

the WELSH laws, a fixed payment of food in lieu of the entertainment with which in earlier times the free tenants were obliged to supply their lord. Blodwyte was the fine inflicted for causing wounds or bloodshed. Under the Statute of WALES the Sheriff was obliged to diligently inquire concerning bloodshed by the oath of a jury, but by the Ordinance of WEST WALES and SOUTH WALES the jurisdiction of the King's Bailiffs was enlarged and they were directed to ascertain "by view" as to this. In the WEST WALES and SOUTH WALES Ordinance we find that where complaints concerning contracts and trespasses between Englishmen and WELSHMEN were to be decided by inquest, one half of the inquest was to be composed of Englishmen and the other half of WELSHMEN worthy of trust. The NORTH WALES Ordinance had no provision to this effect, but it is probable that this was also the general practice throughout NORTH WALES and required no such provision. Judge David Lewis in dealing with these Ordinances says "that an exhaustive legal commentary on the Ordinances is impossible with the materials available at present. The period between the Statutum Wallie and the incorporation Statute of HENRY the Eighth is a dark period in WELSH history, awaiting the examination of much material lying in the Records of the time. It may be possible after such an examination to answer the questions how the mixed Jury of WELSHMEN and Englishmen worked in practice. Did the English judges who came round take to it kindly? Were the juries addressed in both WELSH and English? How was this managed when the Judge knew no WELSH, and what part did the Latimer (Lladmerydd = Interpreter) play?"

The NORTH WALES Ordinance related to freemen and religious persons and removed the burdens which were placed on the former. The customary taxes due from villeins and strangers were to be taken as they were levied "Wales," vol. ii. p. 443.

by the former Princes of WALES, and freemen were not to be taxed unless the ordinary revenue was insufficient. The sons of freemen who wished to take holy orders had not been allowed to do so without obtaining a licence. Under this Ordinance of NORTH WALES, where a freeman had two sons, one of them was allowed to take orders without a licence from the King or Justiciar. Freemen were allowed to sell and give lands to other free WELSHMEN, but not to prelates, religious persons, secular officers, who, under pretence of their office, had been able to coerce the people to make such sales or gifts.

A.D. 1353-4. In the reign of EDWARD the Third the Ordinances of the Staple (27 EDWARD 3, stat. 2, c. 18), prohibiting English merchants from exporting wool under pain of death, were promulgated (1353), and provision was made therein that the men of Ireland and WALES might take their wools and leathers for sale to the staple markets of England.

In 1353, certain statutes were made at Westminster, the first of which confirmed Magna Charta and all statutes before made and used. The second (28 EDWARD 3, c. 2) enacted that all the Lords Marchers of WALES should be perpetually attending and annexed to the Crown of England and not to the Principality of WALES, "in whose hands soever the same principality be or hereafter should come." EDWARD the Third had two objects in securing this measure-firstly, to convince his arrogant nobles that he was entitled to their complete allegiance, and, secondly, to limit the power or possible pretensions of any Prince of WALES who might be heir to the throne.

THE COERCION PERIOD.

During the fourteenth century the WELSH people lived under wretched political conditions. The policy of English statesmen aimed at the extirpation of every vestige of WELSH patriotism and nationality. English officials, traders, and settlers came to the country under the protection of the

powerful castles, which, originally established by the Norman Kings, were rebuilt and strengthened to keep down the native WELSH. Oppression, violence, and tyranny followed in the train of these settlers. There are abundant signs during this period that the WELSH people resented the new officials and English ways, and that they struggled desperately and continuously against the dominant race. In the Lordships Marchers the stern, ruthless, and unjust rule of the over-lords provoked the WELSH to several abortive insurrections. Great abuses existed owing to the harsh and severe measures adopted by the new officials, and keen and bitter struggles ensued.

In 1400, the seething discontent of the WELSH broke forth under Owen Glyndwr's leadership. He was the last great WELSH military leader. His mysterious personality and soldierlike qualities produced a stimulating effect upon his despondent fellow-countrymen. At first an ubiquitous guerilla leader, he became subsequently the head of the most important revolt of the WELSH against the harsh rule of their conquerors. WELSH students from the universities of England, WELSH labourers working in England, WELSH soldiers who had served in France as mercenaries, flocked to his standard, and for fifteen years Glyndwr defied and successfully resisted the English power. He attacked the fortified castles of the rulers, and the greater part at one time or another fell into his hands. His daring, his magnetic and mysterious personality, and his rapid and deadly strokes at the official rulers made him feared. In 1404, he summoned WELSH parliaments to Dolgelly and Machynlleth. His aim was the independence of the WELSH Church and the freedom of his country. The establishment of two universities, one in NORTH WALES, the other in SOUTH WALES, was projected by him. He became an ally of the King of France and of Hotspur, and generally instilled dread into the English authorities. Under these circumstances it is not

I

Wylie's "History of the Reign of Henry the Fourth," vol. ii. pp. 313-4.

surprising to find legislative measures of a repressive character passed by the English Parliament.

A.D. 1400-1401.—The general character of the Acts relating to WALES and WELSHMEN, from 1400 until the accession of the Tudor dynasty, is that they were coercion measures, designed for the purpose of crushing the national spirit of the WELSH people. Six coercion Acts were passed in 1400-1401. They laid down that no WELSHMAN, "wholly born in WALES" could purchase lands or tenements within England nor within the Boroughs or English towns of WALES. A WELSHMAN could not obtain the privileges of a citizen or burgess in any city or borough or merchant town; could not become a municipal officer, and was forbidden to carry armour in any city or town on pain of imprisonment. Exemption from these statutes was often granted to certain WELSHMEN as a special favour. In consequence of the complaint that "the people of WALESsometime by day, and sometime by night"-distrained and seized upon the cattle and goods of their English neighbours in counties adjoining the Marches of WALES, it was enacted that upon failure of redress the English were permitted to arrest all persons with their goods and chattels coming out of WALES and to retain them until full satisfaction was made to the complaining parties. If a WELSHMAN COMmitted a felony in England, and repaired to WALES, the English officials in WALES were directed to execute him, upon a certificate given by the King's Justice. The Lords Marchers were to keep "sufficient stuffing and ward" in their castles in WALES in case of riots. No Englishman could be convicted at the suit of any WELSHMAN in WALES, except by the judgment of English justices, or by the judgment of Englishmen resident in the Principality.

A.D. 1402.-In 1402, nine further coercion Acts were passed. One established that Englishmen were not to be convicted by WELSHMEN in WALES. Another, in order "to eschew many diseases and mischiefs which have happened before