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Y Cymmrodor. v. XIV. 1901.

Y Cymmrodor. v. XIV. 1901.

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20 Enolish Law in Wales and the Marches.<br />

&<br />

cester, Hereford, Salop, and Worcester, who was also<br />

escheator of the Marches, who held an inauisitio post<br />

mortem locally as to the tenure and value of the lordship.<br />

We do not fìnd any enquiry, as in England, as to the dues<br />

to the Crown ; the object usually was to ascertain whether<br />

the King ìnight take the lordship. That the King had no<br />

rig-ht of wardship in the Marches, ubi brevia Regis non<br />

currunt, was recognised in the Statute Prerogata Regis<br />

(17 Edward II, Stat. 1). The King's court also tried any<br />

question as to the title of the lordship itself, which was<br />

for this purpose supposed to be within the English county<br />

next adjoining (much as in a fanious case Minorca was<br />

presumed to be in the ward of Cheap), also "for want of a<br />

superior" it tried any dispute between two Lords Marcher<br />

and sometimes enquired by auo warranto as to the claims<br />

of the Marchers. In ecclesiastical matters, as the court of<br />

the Lord could not make process to the bishop, the King's<br />

Bench issued a writ to send the record up, and the matter<br />

was then dealt with.<br />

The Welsh bishops, so far as their dioceses lay in the<br />

Marches, were also Lords Marcher,<br />

as were also other<br />

ecclesiastical personages, especially the Knights Hospital-<br />

lers, who held much property in Wales. These spiritual<br />

Marchers did not obtain their rights by conquest but from<br />

the necessity of the case, "for otherwise their tenants and<br />

people must have lived lawless and without government";<br />

but they were in many cases confirmed by grants from the<br />

Crown, and the invaders respected the lands of spiritual<br />

men, even if they were Welshmen. The bishops of St.<br />

David's led their " subjects" to war with the shrine and<br />

relics of the patron Saint at their head; they had the<br />

power of life and death; their stewards, constables, and<br />

recorders, were noblemen and men of high position ; they<br />

had garrisons in their city and castle ; and as their statutes

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