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A22946 An acte for certayne ordinaunces in the Kynges Maiesties dominion and principalitie of VVales England and Wales.; England and Wales. Sovereign (1509-1547 : Henry VIII) 1543 (1543) STC 9409.9; ESTC S1962 27,893 28

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Michaelmas as they haue ben vsed in Englande ¶ Item the kinges highnesse shall haue all maner of fines issues amerciamentes and forfaitures loste or forfaited in any of the sayde counties hundredes courtes and tournes to his owne vse and the shireffe to accompt for the same accordingly ¶ Item that the extretes of the saide tournes counties and hundredes shal be viewed the fines issues and amerciamentes afferred by the said Iustices of assises of that circuite before the leuieng of the same amerciamentes or other forfaitures And that no shireffe or any of his officers presume to gather or leuie any suche amerciament or other forfaiture before the saide extrete be so afferred vpon peine to forfaite to the kynges vse fourtie shyllinges And that the shireffe vppon euery iudgemente had before him in his countie or hundrede courte in any playnte vnder fourtye shyllynges shall and may awarde a Capias ad satisfaciendum to arrest the partye condempned or elles a Fieri fac at the libertie of the partie pursuant ¶ Item that all bylles sued before the said Iustices in personall actions wherof the debte dutie or damage is vnder fourty shyllinges the shirefe shall haue for the returne of euery byll two pens And euery venire fac Tales habeas corpora et distr two pens And for writtes of execution vpon the iudgement in any such byll twelue pens ¶ Item in billes sued before the said Iustices in actions personalles aboue the summe of fourtie shillinges the shirefe shall haue for the returne of euery suche byll foure pens and for the returne of euery venire fac habeas corpora distr et Tales foure pens and for euery writte of execution two shillinges And in all personall actions sued by originall writtes returnable before the sayd Iustices the shireffe shall haue for euery Iterūsum̄ distr et alias distr foure pens and for euery venire fac habeas corpora distr Tales sex pens And for euery writte of execution to be executed vpon the iudgement in such actions two shillinges for the seruing of euery writte of Elegit sex shillinges eight pens And in all reall actions or mixt pursued before the sayde Iustices by origynall wrytte for returne of euery originall two willinges And for the returne of euery other writte and iudiciall proces dependynge vpon the same before iudgemente two shyllinges And for euery writte of execution after iudgement vpon euery originall in actions reall or mixt two shyllinges And for seruinge of euery writte of habery fac seisinam sex shillynges eyght pens ¶ Item for attachementes vpon Capias or other proces sued before the sayd Iustices by originall or iudiciall wrytte if he returne Cepi corpus two shillinges and for a Reddit se vpon an exigent of felonye in appele of murther or mayme or vpon any indictament of felonie or murther two shillinges And vpon a Reddit se vpon an exigent of debte trespasse detinue and all other actions personalles twelue pens And for the making of Repleg twelue pens withernam vpon the same twelue pens For the turne of euery wrytte of appele or murther felonie or maime twelue pens And vpon all ohter proces growen vpon the same as venire fac Tales habeas corpora et distr twelue pens And in euery action taken before the shireffes by Iustices for the summe therof foure pens and for euery other proces therupon foure pens And for euery prisoner deliuered by acquitali or by proclamation for any maner of felonie twelue pens ¶ Item that euery shireffe within the limittes of his auctoritie maye and shall put suche personnes vnder common maynpryse as they haue reasonable cause of suspecte accordynge to the said acte made for Wales byndynge such as they shall so put to common maynpryse with two sufficient suretyes with them by Recognysaunce to appere before the sayde Iustices within the limittes of their auctoryties at the nexte greate sessions to be holden nexte after the takynge of suche bandes and shall certyfye the names of them that be bounde before the sayde Iustices at the said sessions accordingly without concelement therof at their pleasure ¶ Item that euery person that the shireffe taketh to common mainpryse to appere before the said Iustices as is afore said shall pay for his mainprise two pens and not aboue And the said shirefe to put no man to common mainprise but such as he suspecte and as shal be returned by them before the said Iustices at their sessions as is afore said And also the sayde shireffe shall haue for the returne of a wrytte of false iudgement out of a base court before the said Iustices two shillinges And that the said shireffe shall take no maner of fee for the returne of any of the said writtes of execution afore expressed onles he returne the same executed ¶ Item that in all and euery such wryttes oryginall or indiciall or other proces plees or writinges which be not expressed in this ordinaūce the fees therof aswell for the seales as wrytinge shal be rated by the said president Counsaile and iustices or thre of them wherof the said president to be one by their discretions from tyme to tyme as the case shall require And that they shall haue full power and auctoritie from tyme to tyme to assesse and appoint what fee the said shirefes eschetors and Crowners and their ministers Prenotaries and their Clerkes other ministers of iustice in the said shires shall haue take and receyue of the kynges subiectes for any maner writtes playntes plees proces returnes or any other matter or thinge concernynge or belongynge to the execution of their offices rowmes and to augment or diminish any fee or fees aboue declared as shal be thought by their discretions to be conueniente and mete for the common welth of the kinges subiectes of those parties of Wales any thinge conteyned in this acte to the contrary therof not withstandynge ¶ Item that from hensforth no maner of person or persons for murther or felony shal be put to his fyne but suffre accordynge to the lawes of the realme of Englande Excepte it please the kynges maiestie to pardon him or them And if the sayd Iustices se cause of pitie or other consideration they may reprie the prisoner till they haue aduertised the kinges maiestie of the matter ¶ Item that the acte made in the parliament holden in the .xxvi. yere of the most royall reygne of the kynges maiestie concernynge amonge other thinges inquisitions and trialles of contrefeting wasshyng clipping and minisshinge of the kynges Coyne murthers felons and accessaries to the same perpetrated or done within Wales to be had made and determined in the next shire or countie within England adioyning where the kynges wrytte runneth and euery article therin conteyned shall stand in his full strength and force accordynge to the tenoure and effecte of the same Any thinge in this said ordinaunce or any other acte cause or matter hertofore had or made to the contrarye therof
the course of the lawes of England for due leuyenge and payinge of the sayd dette ¶ PROVIDED alwayes and be it enacted by auctoritie aforesaid that for such recognisaūces as be or herafter shal be taken and knowledged before the kynges Iustices of his highnes benche or common place in England proces shal be had and pursued immediatly out from the sayd Iustices as is vsed vpon recognisaunces taken before the sayd Iustices by the common course of the lawes of Englande ¶ Item that all such wryttes billes playntes plees proces chalenges and trialles shal be vsed throughout all the shires afore saide before the sayd Iustices in their sessions as is vsed in Northwales or as shall be deuysed by the said presydent counsayle and Iustices or thre of them wherof the sayde presydent to be one for the good ministration of Iustice to be had in euery of the sayd shyres ¶ Item where the lord shyp of Hope with diuers other lordshyps parisshes townes and hamlettes were by an acte of Parliament made in the xxxiii yere of the reygne of our sayd souerayne lorde appoynted and translated from the sayd countye of Denbigh to the countye of Flynt and by the same acte were made parte parcell and members of the same countye of Flynt afore which appoyntment or translation diuers indictamentes and presentementes as well felonye as other offences were had and taken for the kynges hyghnes before the Iustice of the said countie of Denbigh in the great sessiōs there some before the Iustices of the peax with in the same countye for offences supposed to be done within diuerse of the sayde lordshyppes so translated and also diuers iudgementes gyuen ar suite of parties before the said Iustices and some before the shirefe of the sayde countye of Denbigh for matters rysen and growen within the procincte of the sayde lordships or other places before the translation of the same It is now ordeyned and enacted that all the sayde indictamentes and presentmētes shal be hard tried and determmed within the said countie of Denbigh by persons as well of the sayde lordship or place where the sayde offences were done or committed as of other place or places within the sayd countie of Denbigh in maner forme as though the sayd translation had neuer ben had ne made And also that the sayd iudgementes as before gyuen or had betwene partye and partie before any Iustice of recorde or other officer within the sayde countie of Denbigh for any matter or cause apperynge by the recorde of the same to be growen and rysen within any of the sayd lordships parishes townes or hamlettes so translated shall and may be executed by the shireffe of the sayd countie of Denbigh within any of the same lordshyps or other place so translated the sayde translation or any other cause or matter to the contrarye therof notwithstandynge ¶ Item lyke lawe and ordre to be kept and ministred vpon all other lyke translations of any other lordshippes maners to wnes parisshes and other places within Wales had made or done in this present parliament or any other afore or after the same translations or any other cause or matter to the contrary therof not withstandynge ¶ Item where there shall be diuers and many sutes taken before the said Iustices in plees personall which as it is thought can not be tryed before them in the tyme of the said great sessions for breuitie of tyme Therfore and for the spedye triall of these matters thissues taken in the said suites shall and may be tried at a petie sessions before the deputie iustices there as it is hath ben vsed in the said thre shires of Northwales Except such of the said suites as by the discretions of the said Iustices shal be thought necessarie to be tryed before them selues within their lymittes And that there shall no sute be taken before any of the sayd Iustices by byll vnder the summe of twenty shyllynges ¶ Item if any murther or felonye here after be cōmitted or done within Wales that then the partie or parties to whom any such offence shal hap to be committed shall in no wise take any ende or agrement with the oftenders in that behalfe nor with any other in his name or behalfe onles the sad partye fyrst make the sayd president and counsayle or one of the sayd Iustices priuey vnto the same vpon payne of imprisonment and greuous fyne to be sette and adiuged at the discretion of the sayd president counsayle iustices or two of them wherof the sayd president to be one The same peyne penaltie to extende as well to and agaynst such as shall labour moue or procure any such ende or agremēt made although the same labour motion or procurement neuer take effecte to make any ende or agrement as agaynst him or them with whom such ende or agrement shall be made if the same happen to take effecte ¶ Item where diuers lordshyppes marchers as well in Wales as in the borders of the same now beynge by acte of parliament annexed to diuers shires of England be lately comen to the kynges handes by suppression of houses by purchase or atteyndors and now be vnder the surueyour of the court of augmentations or of the kinges generall Surueyours the liberties frauncheses and customes of all which lordships be lately reuiued by act of parliamēt made in the .xxxii. yere of his most gratious reigne Neuertheles his maiestie willeth and commaundeth that no other liberties frauncheses or customes shall from hensforth be vsed claymed or exercysed within the sayd lordshyps nor any other lordshyps within Wales or the coūtie of Mommoth who so euer be lorde or owner of the same but only such libertyes frauncheses customes as be gyuen commaunder-to the lordes of the same lordshyps by force vertue of the said act of parliament made for Wales in the sayd .xxvii. yere of his graces reigne and not altered ne taken awaye by his ordinaunce the sayde acte made in the sayd .xxxii. yere or any other acte graunt lawe or custome to the contractye therof not withstandinge ¶ Item that if any person or persons theyr auncesters or they whose estate the same person or persons haue or hath in peaseable possession of any landes or tenementes in Wales by the space of fyue yeres withoute let interrupcion or lefull claime That then the same person or persons shal still continue their possession vntyll suche tyme as it be lawfully recouered agaynst them by the order of the kynges lawes or by Decree of the president and counsayle there ¶ Item in actions personalles taken and pursued before the said Iustices in Wales by oryginall writte or bill if nine of the Iurie be sworne to trye the issue betwene the partie playntyfe and the defendant the residue of the said Iury make defaute or be tried out them the shireffes shall and may immediatly returne other names in the said Iury de circumstātibus vnto such tyme there