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former built the castle of Holt, and the latter the castle of Chirk, which were made the splendid sepulchres of these unhappy orphans. Thus did these lordships differ from some others ; but in one point they all agreed : they did, and were obliged to hold of the king in capite. This, and renouncing allegiance to the Princes of Wales, was all that was required of the succeeding Lords Marchers.
Thus were Lords of the Marchers made and esta_ blished, possessing, in all cases, except high treason, Jura & privilegia regalia.
A number of new grants were continually issuing from the throne, and a line of offensive posts was soon established to harass and annoy the Welsh. Soutli Wales being defenceless by the death of the brave Rhys ap Tewdwr, favoured the designs of these military robbers; among the foremost was Bernard de Newmarche, who took possession of the three cantreves of Brecknock; Roger de Montgomery next did homage for Cardigan ; and his younger son, Arnulph, obtained the extensive lordship of Pembroke. The Earl of Shrewsbury did homage also for Powis, and separated the town and adjoining estates from that lordship. The Earl of Chester for Englefield and Rhyvanioc, with the coast from Chester to Conway. Ralph Mortimer, for Elvel; Hugh de Lacy, for Enos and Rhos; Eustace Cruor, for Mold and Hopedale ; Fitzalan, for Clan and Oswestry ; Montalt, for Harwarden ; Dru de Buladan, for Abergavenny; Gilbert, for Monmouth; Fitzwarner, for Whittington ; Roger le Strange, for Elesmere ;
Martin, for Kemes; Morris de Londres, for Cydwely and Cornwallan; and Roger Mortimer for Mochnant, (now Chirk) Cynlleth, and Nantheudwyn, &c. &c.
Thus was the last asylum of the Britons inyested on every side, and invaded by their inimical neighbours ; South Wales was nearly all in possession of the English and Normans, and North Wales was curtailed and reduced to the island of Anglesca, the counties of Caernarvon and Merioneth, and part of Cardigan and Denbigh.
For the better security of themselves, and the government of the people, the new lords erected castles, garrisoned them with their own soldiers, and built towns in the most fertile parts of the country for their English followers. It was in this manner most of the castles and towns on the borders of Wales were founded; this is evident, from the number of the one,* and the ancient charters, expressive of immunities to the burgesses of the other; few or none of them having purchased these of the crown till many years after ; and, when that took place, which was seldom the case, they were only confirmations of privileges, granted them by the founders.
Among the castles built about this time, were Pembroke, Tenby, and Haverfordwest, by Strongbow and his family; Newport, by Martin, Lord of Cemes; Cydwely, by Londres; Swansea, Oystermouth, and Loughor, by the Brewises; Brewis is
* There were thirty-threc in the county of Salop alone; and, in the line of the Marches, one hundred and forty.
also said to have built Radnor, Buelt, and Rhuiadr; Blaen Llyffney, by Herbert ; Cardiff and Cowbridge, by Fitzhamon, and the Earls of Gloucester; Neath, by Greenfield; Abergavenny, by Dru de Baladan ; Ruthin, by Lord Grey; and Denbigh, by the Earl of Lincoln. Many of these were fortified places prior to the Norman conquest, which, being devastated by war, or injured by time, 'were repaired or rebuild by the conquering lords.
The tenure by which these lords held under the king was, in case of war, to serve with a certaia number of vassals; to furnish their castles with strong garrisons,' with sufficient military implements and stores for defence; and to keep the king's enemies in subjection. To enable these lords to perform this, they were allowed to assume, in their respective territories, an absolute jurisdiction; their power seems to have been as arbitrary and despotic, within their several seignories, as that by which they were created. Various regulations, in divers reigns, were made respecting the nature and extent of their authority ; and, doubtless, when their assistance was no longer wanting, their power was daily abridged and thrown into the scale of monarchical aggrandizement. In the 24th of Henry VIII, a statute passed, c. 9, “ against killing of young beasts called wainlings,” (i. e. calves just weaned.) By this Act a penalty of 6s. 8d. per beast was imposed on each offender : and it was especially provided “ that every Lord Marcher should have the forfeitures of every offender within their seignories, liberties, and franchises rojal." -
Among the various privileges claimed under title of these franchises royal may be reckoned fines for non-appearance at their courts; . the forfeiture of common mainprise, recognizances, mizes ; a power to hold courts baron and leet, to have waifs and 'strays, infangthefe, outfangthefe, treasure trove, deodands, goods and chattels of felons, persons condemued and outlawed ; and also wreck de mere, wharfage and custom of strangers; and, by a stretch of privilege, perhaps, they generally seized upon
the goods and chattels of those who died intestate.
There is no record to be found in the tower, or elsewhere, of any grant to 'possess the authority annexed to their dignity; the king's writs,- from the courts of Westminster, did not extend to, nor were they executed in, any part of Wales, except Pembrokeshire, considered as a part of England by the title of Little England, beyond Wales. There were several reasons why the high privileges enjoyed by these lords could not be held by charter ; when the king granted a baron the lands he might conquer from the Welsh, it was not then known what he would conquer, or whether he would eventually obtain
ang. The lords themselves would not be very solicitous to procure such charters, as it sometimes happened that the lands they had thus taken possession of were restored by treaty, or the Welsh rèco. vered them by force of arms, and expelled the Marchers. A still more powerful reason alleged is, that the immunities and rights were of so high a nature, ana so united by law with the crotun, that it was not in
the power of the king to delegate or disunite them. It was thought advisable, from the urgency of the times, to suffer the lords, by connivance, to establish such regulations, and exercise such authority as they might judge necessary, for the quiet and peaceable government of the country. These jurisdictions, not being recorded as grants from the crown, if at any time questioned, might be adjudged invalid. : In the marches the English laws were chiefly administered, and the tenures for the most part were of the same nature. Some Lords, however, from prudential motives, endeavoured to soothe the asperity' of conquest by permitting the Welsh in, habitants to inherit after their ancient custom, agreeably to the laws of Howel Dda; with the proviso, that nothing should be done contrary to the interest of the Lord. Among other concessions, in favour of the customs of the former inhabitants, was the use of Gavel-kind, or the law which made an equal distribution among all the male chil dren of the property of the deceased; and the transfer of lands by a surrender in court, similar to our tenure of copyhold of inheritance.
As the mode of conveyance, as well as the law of succession, was different with the two people in some Lordships, two distinct Courts were established, in which rights were discussed according to the customs of the two nations; one called Welsherie, and the other Englisherie. In a few, lordships, the double custom prevailed; where the tenants, being English, were allowed the privilege of Gavel-kind; and at