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Y Cymmrodor. v. XIV. 1901.

Y Cymmrodor. v. XIV. 1901.

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1 2 English Laiv in Wales and the Marches.<br />

"S<br />

created these unconstitutional councils, it was provided in<br />

the " Ordinances for Wales" that the King's most royal<br />

majesty might alter anything contained in that statute,<br />

and make new laws and ordinances for Wales " as to his<br />

most excellent wisdom and discretion should be thought<br />

coiwenient," and that these alterations and new enact-<br />

ments, if made in writing under his Hig'hness' great seal,<br />

should have the same force and effect as if they had been<br />

made by authority of Parliament. It was afterwards<br />

argued that this power was limited to Henry YIII, and<br />

that the most excellent wisdom and discretion did not<br />

descend with the Crown ;<br />

but the Tudors wore that crown<br />

pretty fìrinly on their heads, and the clause was not<br />

repealed until 21 Jac, cap. 10, which recites that the laws<br />

ordained for Wales are for the most part agreeable to<br />

those of England, and are obeyed with " great alacrity",<br />

and that after so great a quiet any further change or<br />

innovation might be dangerous.<br />

James I yielded to the petition of the Commons<br />

on this point; but another grave constitutional question<br />

was not so easily settled. So far as Wales was con-<br />

cerned the Court of the Marches claimed, and was allowed,<br />

a concurrent jurisdiction with the newly appointed<br />

Court of Great Sessions, but it also claimed jurisdiction<br />

over the four bordering counties of Worcester, Gloucester,<br />

Hereford and Shropshire, as parcel of the ancient Marches<br />

of Wales, and this brought them into collision with the<br />

Courts of Westminster. These counties had been sub-<br />

jected to the Court before the Act of Union and were<br />

afterwards included in the letters of instruction from<br />

which certain places were from time to time omitted on<br />

petition to the Crown, but by 26 Henry VIII, cap. 11,<br />

the three last counties, as then constituted, were clearly<br />

distinguished from the Marches. These letters were

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