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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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be twelue men sworne to trye thissue betwene them as before the Iustice of Northwales hath ben afore vsed and accustomed in such cases ¶ Item that if any goodes or cattelles be stolen by any person or persons and sold in any faire or market within the sayd dominion of Wales that no such sale shall change the propertie therof from the owner of the same but that he may lefully cease take and haue the same agayne vpon profe therof made the sayd sale notwithstandynge ¶ Item that no person or persons bargayne or bye any maner of beast or other quicke cattell in any place within Wales out of the market or faire onlesse he can bringe forth suffycient and credible witnes of the name of the person what place and tyme he bought the same vppon payne and daunger of such punisshement and fyne as shal be set vppon him by the sayd presydent and counsayle or any of the sayd Iustices in his circuite for the sayd offence and as he wyll therfore answere at his farther peryll ¶ Item if any goodes or cattelles be stolen within the lymittes of any of the sayd shires in Wales that then vpon suite therof had and made the tracte shal be folowed from towneship to towneship or lordship to lordship according to the lawes customes in that behalf hertofore vsed in Wales vpon such penaltie and daunger as heretofore hath ben accustomed ¶ Item that euery person that hath any landes or tenementes in fee simple or fee tayle or for terme of lyfe or for terme of any other mannes lyfe being freholde shall and may passe in all maner Iuries and trials as wel in case of felonye or murther as in all actions reall personall and mixte what soeuer they be atteint only except And also may be impanelled and inquire of all concelementes forceble entres and other causes of inquirie for the kynges maiestie all be it he may not dispende fourtye shillinges by yere Sauinge to euery man his lawfull chalenge for any other cause accordynge to the lawes of this realme of Englande ¶ Item that no iurrour shall passe in Atteint onles he may dispend fourtye shillinges by the yere of estate of freholde ¶ Item the tenantes and resiauntes in Wales shall pay theyr tallage at the chaunge of their lordes in such places and after suche forme as hath ben hertofore accustomed in Wales ¶ Item that all the kinges subiectes and resiauntes in Wales shal find at all parliamentes herafter to be holden in Englande knyghtes for the shires and citezyns burgesses for cyties and townes to be named chosen by auctoryte of the kynges wryt vnder the great seale of England according to the acte in that case prouided and shal be charged and chargeable to all subsides other charges to be graunted by the commons of any of the sayd parliamentes pay all other their rentes fermes customes and duties to the kynges hyghnes as they haue ben accustomed here tofore fines for redēptions of sessions only excepted which the kynges marestie of his most gratious goodnes and liberalitie is contented and pleased to remitte at the humble suite of his said louinge subiectes of his said dominion of Wales ¶ Item that the towne of Hauerford west shal after the ende of this present parliament for euer fynde one burges for the sayde towne at euery parliament after that time to be holden And the charges of the same burges to be alwayes borne by the mayre burgesses inhabitauntes of the said towne and none other ¶ Item that the kynges maiestie shall haue all felons goodes goodes of persons outlawed waif straies all other forfaitures eschetes what soeuer they be answered thereof by the handes of the shireffes sauing alwayes the ryghtes and interestes of euery of his subiectes hauyng laufull tytle to haue the same ¶ Item that all errours iudgementes before any of the of the sayd Iustices at any tyme of the great sessions in plees realles or mixt shal be redressed by wrytte of Errour to be sued out of the kynges Chauncerye of Englande returnable before the kynges Iustice of his benche in Englande as other writtes of errour be in Englād And that all errours in plees personall shal be reformed by bylles to be sued before the sayde president and counsayle of Wales from tyme to tyme as the partie greued wyll sue for the same And if in case the iudgement be affirmed good in any of the said writtes of errour or billes then there to make execution and all other proces therupon as is vsed in the kynges benche in Englande And that the pursuantes in euery such wrytte of errour or byll do pay lyke fees therfore as is vsed in England ¶ Item that no execution of any iudgement gyuen or to be gyuen in any base court be stayed or deferred by reason of any writte of false iudgemēt but that execution shall and may be had and made at all tymes before the reuersall of the said iudgement the pursuyte of the said wryt notwithstandyng And in case the said iudgement happen after to be reuersed then the partie pursuant to be restored to all that he hath lost by the said iudgemēt accordynge to the lawes of the realme ¶ Item that all proces for vrgent and weyghty causes shall be made and directed into Wales by the speciall commaundement of the Chauncellour of Englande for the tyme beyng or any of the kinges counsaile in Englande as hertofore hath ben vsed Any thing in this acte to the contrary therof not withstandinge ¶ Item that the towne of Bewdley which is within the parish of Ribbisforde in the countie of Wigorn̄ and all the grounde and soile of the same towne shall from hensforth be vnited annexed and made percell of the countie of Wigorn̄ and to be within the hūdred of Dodingtre And that all the inhabitauntes of the saide towne and parissh shall from hensforth be attendaunt and do euery thinge and thinges with the inhabitauntes of the saide hundred as the same inhabitauntes be now bounde to dó by the lawes of this realme of Englande Sauinge alwayes to the burges inhabitauntes of the said towne of Bewdley all suche liberties and francheses as they lawfully had and exercysed within the same towne before the makyng of this acte in lyke maner and fourme as thoughe this acte had neuer ben had or made ¶ Item that the lordship of llanstiffan Vsterloys and Langham and the membres of the same and all manors landes tenementes and other hereditamentes in the same lordshippe and the membres of the same be frome hensforth vnited annexed ioyned named accepted and taken as part and parcell of the countie of Carmarthin and reputed ioyned vnited named accepted and taken as parte and percell of the hundred of Derles in the saide countie of Carmarthin And that the tenantes inhabitauntes of the saide lordship and membres be attendant and do euery thinge and thinges with the tenantes inhabitantes of the saide hundred
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