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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
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
defendantes or for the demaundantes or playntiffes in euery such action real assise appele quare impedit four pens And for the essoynes in euery such action foure pens and for the adiournament two pens for the bayle of euery person of felonye twelue pens and for the bayle for trespas sex pens And for the apparaunce and baylynge of common maynprise two pens ¶ Item for writing of writtes for the peax and good aberinge graunted by any of the said Iustices in their sessions sex pens and for the entring of euery Recognisaunce to be had and taken before the saide Iustices for euery cause of causes other then before is expressed twelue pens and if it be with condition then two shillinges And vpon euery acquitall and delyucraunce of felons or murtherers by verdite or by allowance of perdon the Prenotaries to haue two shillinges And if it be vpon inditementes certified from the Iustices of the peax afore the Iustices in the great sessions the clerke of the peax to haue also twelue pens And vpon the deliuerie of any suspecte of felonie or murther by proclamation the said Prenotarie to haue twelue pens ¶ Item that the kynges maiestie shal haue al fines issues amercementes and all forfaitures of Recognisaunces lost or forfaite before any of the said Iustices in the session aforesaid And that the said Prenotaries wi●h in the limittes of their offices shall yerely extrete the same into the Eschequer appointed for that limit to thintent that proces from thens may be awarded to the shireffes to leuie the same to the kinges vse as apperteyneth which shireffes shal yerely make their accomptes before the kinges Auditors therunto to be assigned and appoynted ¶ Item ouer and besides the said president and counsaile and Iustices there shal be Iustices of peax and quorum and also one Custos rotulorum in euery of the said twelue shires ¶ Item that the said Iustices of peax Iustices of quorū custos rotulorū in the said shires shal be named and appointed by the Chancelor of England by cōmission vnder the kinges great seale of Englande by thabuise of the president counsayle Iustices aforesaid or thre of them of the whiche the said president to be one from time to time as the case shall require ¶ Item that there shal not excede the nomber of .viii. Iustices of the peax in any of the said shires ouer and besydes the president counsalle and Iustices afore said and the kynges atturney and Solicitour which presidēt coūsayle Iustices and the kynges atturney and Solicitour shal be put in euery commission of peax in euery of the sayd twelue shires ¶ Item that such persons as shal be named to be Iustices of peax within euery of the sayd shires shal be of good name and fame and after they be assigned by commyssion maye vse and exercise thostice of the Iustice of peax al be it they may not dispende twenty pounde nor be learned in the lawes of the land without any losse damage or penalties for insufficiencie of their landes And that euery of the sayde Iustices of peax before they shall execute their commission shall take their othes before the Chancelor of England or els before the sayde presydent or one of the saide Iustices in Wales by vertue of the kynges writte of Dedimus potestatem or before any other personne to be lymited by the lorde Chaunceloure of Englande for that purpose The contentes of which othe shal be after the forme as Iustices of peax in England vse to make ¶ Item that the said Iustices of peax or two of them at the least wherof one to be of the quorum shall and may kepe their sessions within the lymittes of their commissions foure tymes in the yere and at other tymes vpon vrgent causes as Iustices of peax in Englande vse to do and shall haue like power auctoritie in all thinges fees of the kynges maiestie for the time of their sitting aswell for thē selues as for their clerkes shal be bound to vse and do their offices in like maner as is vsed in England ¶ Item that no Iustices of peax clerke of the peax nor other clerke of any Iustice of peax in Wales shall take for the writyng of any warrant of the peax or good aberynge aboue sex pens and for entrynge of pleges or borowes to pay the kynges fyne vpon any inditement nyne pens And if it be with protestation than to take twelue pens and for a Supersedeas not aboue eight pens and for a Recognisaunce twelue pens And that all the saide Iustices of peax shall certifie all Recognisaunces taken before any of them for the peax or good aberynge into their Sessions nexte to be holden after the takynge therof And Recognisaunce taken before any of them for suspicious of any maner of felonie shal be certified before the Iustices in the great sessions next to be holden after the takynge therof without concelement deteignynge or imbeselynge of the same vpon suche penalties and daungers as be therfore ordeyned and establisshed ¶ Item that all fines amerciamentes before the saide Iustices of peax lost and herafter to be lost shal be taxed and afferred by two Iustices of the peax at the least wherof one to be of the quorum And that all such fynes and amerciamentes shal be set truely and duely accordyng to the quantite of the offences without parcialitie or affection ¶ Item that the sayd fynes and amerciamentes and also all issues loste before the said Iustices of peax and all forfaitures of Recognylaunces and other forfaitures before the same Iustices shall be yerely extreted by the clerkes of the peax into the Escheker appointed for that lymit to thintent that proces from thens may be awarded for the leuyenge of the same forfaitures and sommes of mony to the kynges vse to the shiref of euery countie as shall apperteigne Who shal make therof their accomptes before suche Auditours as therunto shall be assygned so that the kynges maiestie may therof be truely and duely answered and satysfied whiche Auditours shall make due allowance to the same shireffes for the fees of the Iustices and clerkes of the peax vppon their said accomptes as is vsed in the realme of Englande ¶ Item that there shal be shireffes in euery of the said shires yerely apointed by the kynges maiestie And that none of the sayde shireffes shall haue their office of Shirefwike any longer tyme than is vsed by the lawes and statutes of England And for the yerely nominacion of the saide shirefes the said lorde president Counsaile and Iustices of Wales or thre of them at the least wherof the sayd president to be one shall yerely nominate thre substanciall persons in euery of the said twelue shires to be shirefes of the same and shall certifie their names to the lordes of the kynges most honorable coūsaile attēding vpon his graces person Crastino animarum to thintent the kinges maiestie being therof aduertised may appoint one of them in