History of England from the Fall of Wolsey to the Death of Elizabeth. Vol. III

by James Anthony Froude

But the most detailed accounts of the lawlessness which had spread in the wilder districts of the country are to be found in the reports of the remarkable Rowland Lee, Bishop of Lichfield and Coventry, Lord Warden of the Welsh Marches, the last survivor of the old martial prelates, fitter for harness than for bishops’ robes, for a court of justice than a court of theology; more at home at the head of his troopers, chasing cattle-stealers in the gorges of Llangollen, than hunting heretics to the stake, or chasing formulas in the arduous defiles of controversy. Three volumes are extant of Rowland Lee’s letters.[488] They relate almost wholly to the details of his administration on either side of the frontier line from Chester to the mouth of the Wye. The Welsh counties were but freshly organized under the English system. The Welsh customs had but just been superseded by the English common law. The race whose ancient hardihood the castles of Conway, Carnarvon, and Beaumaris remain to commemorate, whom only those stern towers, with their sterner garrisons, could awe into subjection, maintained a shadow of their independence in a wild lawlessness of character. But the sense of subjection had been soothed by the proud consciousness that they had bestowed a dynasty upon England; that a blood descendant of Cadwallader was seated on the throne of the Edwards. They had ceased to maintain, like the Irish, a feeling of national hostility. They were suffering now from the intermediate disorders which intervene when a smaller race is merging in a stronger and a larger; when traditional customs are falling into desuetude, and the laws designed to take their place have not yet grown actively into operation. Many of the Welsh gentlemen lived peacefully by honest industry; others, especially along the Border, preferred the character of Highland chieftains, and from their mountain fastnesses levied black rent on the English counties. Surrounded with the sentiment of pseudo-heroism, they revelled in the conceit of imaginary freedom; and with their bards and pedigrees, and traditions of Glendower and Prince Llewellyn, they disguised from themselves and others the plain prose truth, that they were but thieves and rogues.

These were the men whom Rowland Lee was sent to tame into civility,—these, and their English neighbours, who, from close proximity and from acquired habits of retaliation for their own injuries, had caught the infection of a similar spirit.

Council of the Welsh Marches.

Cheshire juries return verdicts.

Necessity for a discipline and for a suspension of the common law.

From his many letters I must content myself with taking such extracts as bear most immediately on the working of the criminal law, and illustrate the extreme difficulty of punishing even the worst villanies. To strengthen the bishop’s hands, a Council of the Marches had been established in 1534, with powers similar to those which were given subsequently to the Council of York.

In August, 1537, Lee wrote to Cromwell, “These shall be to advertise you that where of late I sent unto your lordship a bill of such murders and manslaughters as were done in Cheshire which would not be found until this council set the same forward for condign punishment of the offenders, and although at the late assizes a great number of bills both for murders and riots were put into the great inquest, and good evidence given upon the same—yet, contrary to their duties to our sovereign lord and their oath, neglecting the course and ministration of justice, they have found murders to be manslaughters, and riots to be misbehaviours. The council could do no less but see the same redressed. We have called the said inquest before us, and committed them to ward for their lightness in the premises. And for as much as I think that suit will be made unto your lordship of my straitness and hard dealing herein, if your lordship will have that country in as good order and stay as we have set other parts, there must be punishment done, or else they will continue in their boldness as they have used heretofore. If your lordship will that I shall deal remissively herein, upon the advertisement of your lordship’s mind by your letters, I shall gladly follow the same. Or else, if your lordship do mind reformation of the premises, write unto me a sharp letter to see justice ministered, and to punish such as shall be thought offenders according to this council’s discretion for their misbehaviours by fines, strait imprisonment, and otherwise. For if we should do nothing but as the common law will, these things so far out of order will never be redressed.”

Four gentlemen of the best blood in Shropshire are hanged.

The bishop’s advice was approved. One caution only was impressed upon him by Cromwell—that “indifferent justice must be ministered to poor and rich according to their demerits;” and gentlemen who were concerned in riots and robberies were not to be spared on account of their position. The bishop obeyed the admonition, which was probably little needed; soon after, at a quarter sessions, in the presence of the Earl of Worcester, Lord Ferrars, and many gentlemen of the shire, “four of the best blood in the county of Shropshire” were reported to have been hanged.