It is usual for the judges to attend divine service on the commission-day if they arrive soon enough, or the day after if they do not. If a Sunday occur during the sitting of the commission, they also attend; but I never knew, and on inquiring I cannot hear, that they ever so attended at the close of the assizes, when they are always glad to get on to the next town, if the circuit is not concluded, and away altogether if it is.
H. B. C.
U. U. Club.
LORDS MARCHERS OF WALES.
(Vol. v., pp. 30. 135. 189.)
Allow me to call upon your correspondent I. J. H. H., who dates from St. Asaph, to explain what he means by a Lordship Marcher; and what proof he possesses that his friend Mr. Lloyd is the "only Lord Marcher now extant in the kingdom?" The most authentic single record which we possess of the number, names, and situation of these lordships is the statute 27 Hen. VIII. ch. 26. The writs issued to the Lords Marchers, at various times before that statute, would perhaps furnish materials for a more exact enumeration of them; but the above Act was unquestionably intended to include all of them; and the only reason why the information conveyed by it is not complete is, that some of the names specified in it may perhaps be those of townships, or other districts within, or parcel of, some Lordship Marcher, and that other lordships seem to be comprehended under a general description, such as "all lordships lying between Chepstow Bridge and Gloucestershire." Hence, the number of real Lordships Marchers may, perhaps, be fewer or more than are there mentioned. Herbert, in his History of Henry VIII., says that there were 141 Lordships Marchers. (Kennett's Compl. Hist., vol. ii. p. 189.)
The lordship of Kemes is not, I think, specified in the Act; but I presume that it is comprehended within some of the descriptions of lordships in it. Probably it is included in sect. 16. In old writs of summons to attend the King in his wars, Kemes is associated with Dyvett or with Llandovery.
The statute referred to did, in fact, extinguish the most characteristic privileges of a Lordship Marcher, and reduced it nearly to the level of an ordinary lordship, with such royalties only as have often been granted, and are still enjoyed, by Lords of Manors, or honours in other parts of England and Wales. The franchises left to them are enumerated in sections 25. and 30., explained by the later statute 1 & 2 Phil. & Mary, ch. 15. The palatine jurisdiction which they once possessed, and the exemption from ordinary process, exist no longer; and the various local customs prevailing in each lordship, which were repugnant to the common law of England, must have been almost wholly abolished by the operation of that Act. The lordships themselves remain in name, and in little more than in name.
Hence I am afraid that I. J. H. H.'s friend must be prepared to surrender the distinction of being the sole surviving Lord Marcher. In the strict and original sense of the term, there is now no such lordship in existence. In the sense in which alone the title can now be assumed, he shares the honour with many others; among others, with the Duke of Beaufort, who holds the very extensive and important Marcher Seignory of Gower and Kilvey.
Probably the number of private lordships of this kind is not now great; for, at the passing of the above statute, the majority were in the Crown; and if any have since been re-granted, it is most likely that their franchises and tenure would be so modified as to leave no vestige of the Marcher privileges in them.
The statement of your correspondent suggests to me another doubt. How could any Lordship Marcher be "erected by Martin of Tours?" Every such lordship must be of the creation of the Crown, either shown or presumed. The date of the establishment of these marcherships is so ancient that, perhaps, no one may have actually seen any document to prove them but charters of confirmation and inquisitions post-mortem; still the law refers their origin to specific Crown grants, and not to the act or authority of a mere subject. If, therefore, Martin, who was a tenant in capite of the Crown, founded the lordship of Kemes, he must have done—as the military invaders of Ireland in a subsequent reign did—conquered the territory with his own arms, and obtained palatine jurisdiction over it, with the assent and by the authority of the King.