Note (back) — Chapter XIV

The initial steps in the process of expanding the sphere of royal authority had already been taken. The condition of Wales exercised the mind of King and Parliament, even in the throes of the struggle with Rome.[1013] The "manifold robberies, murders, thefts, trespasses, riots, routs, embraceries, maintenances, oppressions, ruptures of the peace, and many other malefacts, which be there daily practised, perpetrated, committed and done," obviously demanded prompt and swift redress, unless the redundant eloquence of parliamentary statutes protested too much; and, in 1534, several acts were passed restraining local jurisdictions, and extending the authority of the President and Council of the Marches.[1014] Chapuys declared that the effect of these acts was to rob the Welsh of their freedom, and he thought that the probable discontent might be turned to account by stirring an insurrection in favour of Catherine of Aragon and of the Catholic faith.[1015] If, however, there was discontent, it did not make itself effectively felt, and, in 1536, Henry proceeded to complete the union of England and Wales. First, he adapted to Wales the institution of justices of the peace, which had proved the most efficient instrument for the maintenance of his authority in England. A more important statute followed. Recalling the facts that "the rights, usages, laws and customs" in Wales "be far discrepant from the laws and customs of this realm," that its people "do daily use a speech nothing like, nor consonant to, the natural mother-tongue used within this realm," and that "some rude and ignorant people have made distinction and diversity between the King's subjects of this realm" and those of Wales, "His Highness, of a singular zeal, love and favour" which he bore to the Welsh, minded to reduce them "to the perfect order, notice and knowledge of his laws of this realm, and utterly to extirp, all and singular, the sinister usages and customs differing from the same". The Principality was divided into shires, and the shires into hundreds; justice in every court, from the highest to the lowest, was to be administered in English, and in no other tongue; and no one who spoke Welsh was to "have or enjoy any manner of Office or Fees" whatsoever. On the other hand, a royal commission was appointed to inquire into Welsh laws, and such as the King thought necessary might still be observed; while the Welsh shires and boroughs were to send members to the English Parliament. This statute was, to all effects and purposes, the first Act of Union in English history. Six years later a further act reorganised and developed the jurisdiction of the Council of Wales and the Marches. Its functions were to be similar to those of the Privy Council in London, of which the Council of Wales, like that of the already established Council of the North, was an offshoot. Its object was to maintain peace with a firm hand in a specially disorderly district; and the powers, with which it was furnished, often conflicted with the common law of England,[1016] and rendered the Council's jurisdiction, like that of other Tudor courts, a grievance to Stuart Parliaments.