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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
❧ AN ACTE FOR CERTAYNE ORdinaunces in the kynges maiesties dominion and principalitie of VVales OVr soueraigne lorde the kynges maiestie of his tender zele and affection that he bereth towardes his louinge and obedient subiectes of his dominion principalitie and coūtrey of Wales for good rule and order to be from hensforth kepte and maynteyned within the same wherby his sayd subiectes may growe and ryse to more welth and prosperitie hath deuysed and made dyuerse sundry good and necessarye ordinaunces which his maiestie of his most abundant goodnes at the humble suite and peticion of his said subiectes of Wales is pleased and contented to be enacted by thassent of the lordes spirituall and temporall and the commons in this present parliament assembled and by the auctoritie of the same in maner and fourme as here after ensueth FYRST THAT his gracis sayde domynyon princypalite and countrey of Wales be from hensforth deuided into .xii. shires of the which .viii. haue ben shires of longe and auncient tyme that is to saye the shires of Glamorgan Carmarthin Pembroke Cardigan Flynt Caernaruan Anglesey Merionneth And foure of the said twelue shires be newlye made and ordeyned to be shires by an acte made at the parliament holden at Westmynster in the .xvij. yere of our sayd soueraigne lordes moost noble reigne that is to say the shires of Radnor Breknok Mountgomery and Denbigh ouer and besides the shire of Mommoth and diuers other dominions lordshippes and manors in the marches of Wales vnited and annexed to the shires of Salop̄ Herforde and Gloucestre as by the sayd late acte more plainly appereth ¶ Item that the lymytations of the hundredes of late made within the said shires by vertue of his graces commission directed out of his highe courte of Chancery and agayne returned into the same shall stande in full strength force and effecte accordinge to the sayd limitation Except such of the same as syth that tyme haue ben altered or chaunged by vertue of any acte or actes of parliamēt al redy made or that shal be altered or changed by any acte or actes in this present session to be made ¶ Item that there shal be and remayne a President and counsaile in the said dominion and principalite of Wales and the marches of the same with all officers clerkes and incidentes to the same in maner and forme as hath ben hertofore vsed and accustomed Whiche presydent and counsaile shall haue power and auctoritie to here and determine by their wisedomes and discretions such causes and matters as be or hereafter shall be assigned to them by the kinges maiestie as hertofore hath ben accustomed and vsed ¶ Item that there shal be holden and kept Sessions twyse in euery yere in euery of the sayde shires in the sayde domynyon and principalitye of Wales That is to saye in the shires of Glamorgan Breknok Radnor Caermerthin Pembroke Cardigan Mountgomerey Denbigh Flynt Caernaruan Merionneth Anglesey the which Sessions shal be called the kynges great Sessions in Wales ¶ Item that the iustice of Chestre for the tyme beynge shall holde and kepe Sessions twyse in euery yere in the shires of Denbygh Flynt and Mountgomery and haue nothynge but his olde fee of an hundred poundes yerely for the same ¶ Item that the iustice of Northwales shall in lykewise holde and kepe Sessions twyse euery yere in euery of the sayde shires of Caernaruan Merionneth and Anglesey and shall haue yerely of the kynges maiestie a yerely fee of fyfty poundes for the same ¶ Item that one person lerned in the lawes of this realme of Englande by the kynges maiestie to be named and appoynted shal be Iustice of the shires of Radnor Breknok and Glamorgan and shall in lykewyse holde and kepe Sessions twise in euery yere in euerye of the same shires and shall haue yerely of the kynges maiestie fyfty poundes for his fee. ¶ Item that one other person lerned in the lawes of this realme to be appoynted as is aforesayde shal be Iustice of the shires of Caermerthin Pembroke and Cardigan and shall in lykewise holde and kepe Sessions twise in euery yere in euery of the same shires and shall also haue yerely of the kynges maiestie fyftie poundes for his fee. ¶ Item the saide personnes or Iustices and euery of them now beynge or that herafter shal be shall haue seuerall letters patentes and cōmissions for their offices vnder the kynges great seale of Englande to be exercised by them selues or their sufficient deputies according to the purposes and intentes in their ordinaunces specified ¶ PROVIDED alwayes that their commyssions to them alredye graunted vnder the said great seale shall stande in force and effect accordyng to the tenour of the same onlesse it shall please the kynges maiestie herafter to alter or chaunge them or any of them this present article last before expressed in any wyse not withstandinge ¶ Item that euery of the sayd Iustices within the lymittes of their commissions and auctorities to them appointed as is afore said shall holde all maner of plees of the Crowne at and in the sayd Sessions in as large and ample maner as the kynges chief Iustice of England and other the kynges Iustices of the kynges bench there or any of them may do in their places or elles where within the realme of Englande And also to holde plees of assises and all other plees and actions reall personall and mixte in as large and ample maner as the kynges chiefe Iustice of the common place in Englande and other Iustices of the same place or any of them may do in the realme of Englande ¶ Item that euery of the said Iustices of Wales shall haue power and auctoritie to enquire of all treasons murthers felonies riottes routes vnlaufull assembles extorcions embraceries maynteynaunces reteynors concelementes ▪ contemptes and all other offences and euyl dedes of what natures names or qualities so euer they be done cōmitted or perpetrated within the limittes of their cōmissions auctorities against the fourme of the cōmon law of the realm of England or of any statutes of the same and to here determine the premisses and euery of them and generally to minister common iustice to all and singuler the kinges subiectes within the limittes of their commissions and auctorities accordinge to the lawes statutes and customes of the realme of Englande and according to this present ordinaunce ¶ Item that euery of the said sessions shal be kepte and contynued by the space of .vi. daies in euery of the saide shires at either of the saide tymes as is and hath ben vsed within the saide thre shires of North wales And that the saide Iustices shall cause open proclamations to be made in the shire tounes what time place they purpose to kepe their said sessions .xv. daies at the least before they kepe the same to thintent the kynges subiectes may haue knowlege therof ¶ Item that daies shal be giuen in all plees plaintes processe and adiournamentes from
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
euery of the sayd shires to be shirefe for that yere at his most gratious wyll and pleasure lyke as his highnesse doth for his realme of Englande And therupon the said shireffes shall haue their patentes and commissiōs vnder the great seale of England as shireffes of England haue and shal make and take othes and knowledges of Recognisaunces before the president and Iustices or one of them by vertue of the kynges writte of Dedimus potestatem to be directed for the same for the due execution of their offices and for their iuste and true accomptes before the kinges Auditour or Auditors assigned for Wales ¶ Item that euery of the saide shireffes shall haue full power and auctoritie within the lymittes of their shirefwike to do and vse their offices as shireffes in Englande and shall accomplisshe and execute without any fauour drede or corruption all maner of wryttes proces iudgementes and executions and all maner common Iustice apperteinynge to their offices of shireffes and all laufull cōmaundementes and preceptes of the sayde president Counsayle and Iustices of Wales and also of the Iustices of the peax Eschetors and Crowners and euery of them in all thinges apperteyning to theyr offices and auctorities ¶ Item that the sayd shireffes shall do and be bound to do all and euery other thynge and thynges for the ministration of Iustice and for the conseruation of the kinges peax and the apprehension and represse of traytours mutherers theues felons and other offendours as shireffes of England do vse and be bound to do within the realme of Englande ¶ Item that the said shireffes shal yerely accompt before such the kinges Auditor or Auditours and shal be assigned and appoynted by the kynges maiestie for his saide dominion of Wales And that euery of the saide shireffes shall haue yerely for his fee fiue pounde ¶ Item that all maires shireffes stewardes bailiffes other ministers and officers of iustice of euery countie lordship towne and place within the said dominion of Wales and all and singular the kinges subiectes of the same shal be alwayes obedient attendant and assisting to the said president counsaile and Iustices of Wales and euery of them shall obey the kinges cōmaundementes proces from them or any of them directed and all the laufull reasonable preceptes of the saide president counsaile and Iustices and euery of them And also shal be obedient to all the said Iustices of peax shireffes and Eschetors within the limittes of their saide auctorities as well for common administration and due execution of iustice as in all other thinges apperteyning to their duties and offices ¶ Itē that Eschet ors shal be named in euery of the said shires by the lord Tresourer of Englande by thaduise of the said president counsayle and Iustices or thre of them at the least wherof the said president to be one which Eschetors shal make take their othes knowledge their recognisaūces before the said president or one of the said Iustices by vertu of the kinges wryt of Dedimus potestatem to be directed for the same for the due execution of their offices and for their true accompt to be made before the kinges auditor or auditors to be assigned for the same which othe recognisaūce shal be agreable to the othe recognisaūce vsed for the Eschetors in England And the Eschetors shall yerely haue their patentes commissions vnder the great seale of Englande shall haue power and auctorite to exercise their offices in like maner and fourme as Eschetours in Englande and shal be bounde to all lawes and statutes of Englande ¶ Item that all such persons as shal be appointed to the said offices shal and may exercise their offices if they may dispende yerely .v. li. of frehold any statutes of Englande to the contrary therof not withstandinde And that euery of the said Eschetors shall make their accomptes yerely before such auditour or auditours as shal be assigned by the kinges maiestie to here and determyne his highnes accompte for his reuenues and profittes of the saide dominion of wales ¶ Item there shall be two crowners to be elected in euery of the said .xii. shires as is vsed in England by vertue of the kinges writte De coronatore eligendo to be awarded out of the kinges chaūcery of Englād And that the said crowners shal haue like power auctorite to do exercise their of fices haue like fees as is limitted by the lawes statutes of England ¶ PROVIDED alwayes that the writte De coronatore eligendo to chose the Crowners within the said countie of Flint shal be directed out of the Escheker of Chester ¶ Itē that the said Iustices of the peax or two of them at the leaste wherof one of them to be of the quorū shall appoynte name in euery hūdred within the limittes of their cōmission two substāciall gentilmen or yemen to be the chiefe Constables of the hundred wherin they inhabite whiche two constables of euery hundred shall haue especiall regarde to the conseruation of the kinges peax and shall and may do and vse theyr offices in all and singuler thinges as is vsed by the high constables of the hundredes in Englande And shall be bounde to all thinges as high constables of the hundredes in England be bounde to do ¶ Item that euery of the saide shireffes shall haue a gaile for prisoners within some conuenient place of the castels of the shire townes where he is shirefe or in suche other conuenient place as by the sayd president counsaile and Iustices or thre of them wherof the saide president to be one shal be appointed Any patent or graunt heretofore made to any person or persons of the constableship or kepinge of any of the said castelles in any wise not withstandinge And that the shireffe shall make the Bayliffes of the hundredes and they to attende vpon the Iustices in euery of theyr courtes and sessions ¶ Prouided alwayes that the constables of the kinges castelles within euery of the said shire townes of Wales shal not be charged with the gailes and of all the prisoners that shall be committed to their warde lyke as they haue hertofore ben vnto such time conuenient places for that purpose be assigned to the saide shireffe ¶ Item the said shireffes shall kepe their counties monethly and their hundred courtes for plees vnder fourtie shillinges as is vsed in Englād and shall take for the entringe of plaintes proces plees and iudgementes in the said shire courtes and hundredes such small fees as is vsed to be taken in shires and hundredes in Englande and not aboue ¶ Item that all maner of trialles before them in their said courtes or before any stewardes in court barons shal be by wager of lawe or verdict of vi men at the pleasure of the partie plaintife or defendaunt that pleded the plee And that euery of the saide shireffes shall kepe and holde their Tournes yerely after Easter and
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
of Derles as the saide inhabitauntes now be bounde to do accordynge to the lawes there vsed ¶ Item that the countie or shire courte of the countie of Radnor shall from hensforth be holden one tyme at new Radnor and one other tyme at Presten alternis vicibus and neuer from hensforth to be kepte or holden at Rather Gowy Any former acte or other thinge to the contrary therof not withstandinge ¶ Item it is further enacted by the auctoritie aforesaide that the kinges moost royall maiestie shall and maye at all times here after from tyme to tyme chaunge adde alter ordre minisshe and refourme all maner of thinges afore rehersed as to his moost excellent wisedome and discretion shall be thoughte conuenient And also to make lawes and ordinaunces for the common welth and good quiet of his sayde domynyon of Wales and his subiectes of the same from tyme to tyme at his maiesties pleasure Any thinge conteigned in this acte or in the saide acte made for the shite ground of Wales or any other acte or actes thinge or thinges to the contrary therof hertofore made in any wyse not withstandinge And all suche alterations of the premisses or any parte therof And that all such lawes and ordinaunces to be herafter made deuised publisshed by auctoritie of this acte by the kinges maiestie in wrytinge vnder his highnes great seale shal be of as good strength vertue effecte as if they had ben had and made by auctoritie of parliament ¶ Item be it further enacted and ordeined by auctoritie afore saide that where the kinges maiestie that now is by his letters patentes bearinge date the .i. day of Maye in the .xxxiiii. yere of his most prosperous reigne demised and graunted to William webbe the subsidie and vsage of all wollen clothes made or to be made in the countie of Mommoth in the xij shires in Wales that is to saye in the countie of Breknok Radnor Mountgomery Caermerthin Glamorgan Pembroke Cardigan Anglesey Flint Denbigh Caernatuan and Merionneth and in all and singular townes and other places whatsoeuer they be within the precincte and limittes of the said counties and els where within the dominion of Wales To haue and to holde to the sayd William webbe his assignes for certayne yeres yet enduringe that the saide William webbe his deputies and assignes shall haue from hensforth full power and auctoritie by force of this acte to take for the sealinge of euery wollen cloth herafter to be made in the said .xiii. shires els where within the said dominion of Wales as herafter is declared none otherwise that is to say for euery hole pece of frise .i. d● euery halfe pece frise ob euery pece cotton and lininge beyng .xxiiii. yardes vnder a halfpeny And for euery pece of the same beynge aboue .xxiiii. yardes one peny of euery brode clothe one peny Of euery pece of karsey beyng .xviii. yardes and aboue one peny Of euery pece of karsey beyng vnder .xviii. yardes a halfe peny ¶ Prouided alwayes that this acte ne nothing therin conteyned extend not to charge any maner of person or persons being or that herafter shall be inhabitaunt in any of the said .xiii. shires or els where within the dominion of Wales for any clothes frises karseis or lininges made or herafter to be made and occupied within their houses and not put to sale to any person or persons but to their seruauntes for their wearinge ¶ And further be it enacted by auctoritie afore saide that the saide Aulnager in Wales by him selfe or by his sufficient deputie or deputies shall in all thinges to his office apperteyninge do and be bounde to do and answere in euery case like and according as all and euery other Aulnager in the realme of England do or ought to do according to the lawes statutes of the realme of England And for the contrary doinge or exercisinge of the said office shall in euery case and degre suffre as by the saide lawes and statutes is ordeyned establisshed or enacted for Aulnagers vnder the lord Treasourer of Englande for the time beynge ¶ And furthermore the kynges maiestie is contented pleased not withstandinge the statute made in the .xxvii. yere of his most gratious reigne that where there shulde be but .xii. shires in Wales that the towne of Hauerford west shal be a countie in it selfe as it hath ben before this tyme vsed at the wyll and pleasure of the kinges said maiestie and that it shal be separated from the countie of Pembroke at the kynges sayde pleasure And that the kynges high Iustice of the sayd countie of Pembroke shall be hygh Iustice of the said countie and towne of Hauerford west and shal haue like power and auctorite to and for the ministration of Iustice within the sayd countie and towne of Hauerforde west as is lymitted and appoynted to the sayd Iustice to and for the administration of Iustice in the sayde countie of Pembroke And that the Mayre shireffe bayliffes and burgesses of the sayd countie and towne of Hauerford west from tyme to tyme shal be as well attendaunt obeye all preceptes commaundementes of the president counsayle of our sayde soueraigne lorde the kinge in his marches of Wales as also shal be attendaunt to all preceptes proces awarded or directed by the sayd hygh Iustice vnto the shireffe of the said countie and towne of Hauerforde west and to make returne therof And the sayd shireffe of the sayde countie and towne shall serue all preceptes and proces directed from the sayd high Iustice in like maner forme as the shireffe of the said countie of Pembroke is bound to do and according to the effecte and purport of the kynges ordinaunces in that behalfe had made and prouided And that it shal be lefull vnto the sayd maire shireffe Bayliffes and burgesses of the sayd countie and towne of Hauerford west afore sayd to vse and exercise all lefull liberties and grauntes by the kinges maiestie or his noble progenitours to them graunted and confirmed at the kynges maiesties wyll and pleasure accordinge to the lawes of the realme of England not other wise And that the iudicial seale of the said shires of Pēbroke Carmerthin Cardigan be in the custodie keping of the kynges hygh Iustice there for the tyme beynge shal be vsed in the said countie and towne of Hauerford west as the originall and iudiciall seale the same towne and countie And that the said Iustice of the said shires of Pembroke Carmeden and Cardigan shall haue like power and auctoritie by vertue of the kynges letters to him made as well to do all and euery thyng and thinges concernynge common iustice to be ministred within the said towne countie of Hauerford west as he hath in his saide letters patentes within any of the sayde shyres of Pembroke Carmerden and Cardigan ¶ Prouided alwaye that this article touching and concerning the countie and towne of Hauerford west and
day to day and sessions to sessions by the discretion of the said Iustices within the limittes of their auctorities for the good and spedy ministracion of Iustice to all and singuler the kinges subiectes as is or hath ben vsed in Northwales ¶ Item that one originall seale deuised by the kinges highnes for iustice to be ministred in the saide thre shires of Northwales That is to say the shires of Merionneth Caernaruan and Anglesey shal be and remayne in the charge keping and custodie of the chamberleyne of Northwales And that one other originall seale deuised by the kinges maiestie for ministracion of iustice to be vsed in the said shires of Carmerthin Pembroke and Cardigan shal be and remayne in the charge and keping of the Chamberleyne of Southwales And that likewise one other originall seale deuysed by the kynges maiestie for mynystracion of iustice to be vsed in the said thre shires of Breknok Radnor and Glamorgan shal be and remaine in the charge and custody of the stewarde and chamberleyn of Breknok And that also one other originall seale deuised by the kinges maiestie for ministration of iustice to be ministred within the said shires of Denbigh and Mountgomerie shal be and remayne in the charge keping and custodie of the Steward and Chamberlein of Denbigh And that the originall seale of Chester shall be and stande for the originall seale of Flint for iustice to be ministred in the said shire of Flint and shal be and remayne in the charge keping and custodie of the Chamberleine of Chester ¶ Item that the said Stewardes and Chamberleyns shall seale with the said seales that is to say euery one of them shall seale with the seale to his charge committed all maner of originall writtes and proces returnable before the said Iustices at the sessions to be holden in euery of the said shires in maner and forme as is aforesaide and shall seuerally accompte and answere the kinges maiestie for the profittes of the same seale And that none of the said stewardes chamberleynes or chauncellours hauinge the charge and kepinge of the said seales shall by occasion therof or by colour of any of their offices compell or cause any person or persons inhabited within any of the said .xii. shires to appere before them selfes or their deputies ne shal haue power or auctoritie to here or determyne any plees of the crowne nor other causes or matters of iustice otherwise then in this ordinaunce is limitted and expressed But shall haue the charge and keping of the saide seales to seale all such originall writtes proces as shal be returnable before the said iustices in their saide sessions as is before specified and as here after shal be declared which writtes and proces shal be vsed made sealed and returned in maner and forme as hath ben vsed before the Iustice in North wales ¶ Item that all suche persons as now be or here after shall be the kinges highnes stewardes chamberleines or chauncellours within any of the said .xii. shires which by reason of their sayd offices haue charges for the recept collection or accompte of and for the kinges rentes reuenues fermes or profittes to be due to his maiestie within the sayde dominion of Wales may directe proces vnder the saide seale beynge in their charge and custodie within the limittes of their auctorities onely agaynst bayliffes reues fermours and other ministers accomptant to appere before them selfes to answere to and for any the kynges reuenues fermes rentes or profittes and for none other causes nor against any other person or persons in lyke maner and fourme as they haue ben accustomed in that case to do ¶ Item that all stewardes of any lordships or manors in Wales shall and may kepe and hold such leetes lawdayes and courtbarons as apperteyneth belongeth to the lordeships and manors wherof they be stewardes and to holde plees by playnte vnder the summe of xls in euery suche courtbaron and haue and enioye all other auctorities commodities and profittes as stewardes of leetes lawdayes and court barons in England commonly haue and ben vsed to haue by reason of the saide offices and none other any law vsage or custome in the saide dominion of Wales hertofore had to the contrary herof not withstandinge ¶ Item prouided alwayes and be it enacted that the saide stewardes nor any of them ▪ nor the shirefe of the said counties in Wales shall haue any power or auctoritie to enquire of any maner of felonye in any suche leete lawdaye or tourne within the saide dominion to be holden And that from hensforth no leete nor lawday be kepte by the Steward or other officer of any lordshippe or manor in the said dominion of Wales but in such lordshippes and places where it was accustomed to be kepte before the makynge of the acte of parliament concernyng Wales made in the .xxvi. yere of our sayde soueraygne lordes reigne So alwayes the place where such court shal be kept be mete conuenient for that purpose ¶ Item that all Maires Bailiffes and heed officers of corporate townes in Wales maye holde plees and determyne actions and do euery other thinge concerninge common iustice according to their lawfull grauntes and laudable customes of such townes so alwayes they folow the course trade and fascion of the lawes and customes of the realme of Englande and not of any walshe lawes or customes And that in euery of the sayde townes they may trie all issues ioyned or herafter to be ioyned in any action personall by .vi. men accordynge as hertofore in dyuerse places of the sayd countrey it hath ben vsed Any thynge conteyned in this acte to the contrary not withstandynge ¶ PROVIDED alwayes and be it enacted by the auctoritie aforesaid that for as moch as there be diuers many small boroughes and townes corporate within the sayd dominion of Wales wherof many haue theyr commencemēt by grauntes made from the lordes marchers and some by other meanes our sayde soueraine lorde shall from hensforth by vertue of this acte haue full power and auctorytie by his letters patentes to be inrolled in his graces highe courte of Chancery at any tyme within seuen yeres hereafter nexte ensuynge to th end of this present parliament to repell adnihilate and dissolue suche and as many of the sayde boroughes and townes corporate and all liberties customes of the same as to his highnes shal be thought expedient to thintent his maiestie at his graces pleasure may newly erect ordeyne and make such and as many other boroughes and townes corporate within the sayde domynyon beinge more apte and conuenient for that purpose and endue them with such liberties and francheses as to his most excellent wisedome shal be thought necessarye for the welth of the said countrey ¶ Item the kynges maiestie is pleased and contented of his most gratious goodnes that such as haue patentes of any office of Stewardships chamberleynshyppes chauncellourshippes or Iusticeshippes within the sayd domynyon of Wales
not withstandinge ¶ And all be it the same acte as yet was neuer put in execution for any of the sayde offences hertofore done or committed within any of the sayde thre Shyres of North Wales That is to saye the countyes of Anglesey Caernaruan and Merionneth Be it now declared enacted by thauctoritie afore said that the saide act and euery article therin conteyned shall from hensforth take effect and be executed in all pointes for and concerning any of the said offences perpetrated and done or that here after shal be perpetrated or done within the said coūtie of Merionneth to be enquired of herd and determined within the countie of Salop̄ in lyke-manner and forme as commonly is and hath ben vsed for any of the same or like offences committed or done within any other countie or place of Southwales any matter or cause here tofore risen or growen to the contrary therof notwithstanding ¶ Item that the towne or hamlet of Abertannad and all the ground and soile within the same which afore this time hath ben taken reputed and vsed as percell of the said countie of Merionneth shall from the feaste of Easter next comming by vertue of this acte be vnited annexed made percell of the said countie of Salop̄ and so from thensforth to be reputed taken and vsed for euer and not to be of any other shire or countie of Wales And that the same towne or hamlet and all the grounde and soile with in the same towne or hamlet be from and after the said feast accepted and taken as parte and percell of the hundred of Oswestre and that the inhabitauntes therof from the said feast shal be attendant and do euery thing and thinges with the inhabitauntes of the said hundred of Oswester as the same inhabitauntes do or ben bounde to do any lawes or customes to the contrarie therof notwithstanding ¶ Item in case any forein plee or voucher be herafter pleded or made before any of the said Iustices of wales betwene partie partie triable in any other shire within Wales thā where the same plee is pleded or voucher made That thā the said Iustices afore whom the same plee or voucher is or shal be pleded or made shall may sende the kinges writte with a transcripte of the recorde mentioning the same foren matter of plee or voucher vnder the seale to him cōmitted vnto the Iustice of the countie where the same matter is or shal be triable cōmaūding the said Iustices by vertu of the said writ to ꝑcede to the triall therof according to the kinges lawes statutes which trial so before him had he shall remaunde with the hole recorde vnto the Iustice before whō the sayde plee or voucher was pleded or made who ther vpon shal procede to iudgement as the case shall require ¶ Item in case the same foren plee voucher or other matter so pleded be triable within the realme of Englād that thā in euery such case the iustice afore whō the same ple or voucher is or shal be pleded had or made shall may procede to the trial therof as shall apperteigne wtin the same shire of Wales where the same plee voucher or matter was pleded the said foren plee voucher or any other thing or mater to the cōtrary therof not wtstāding ¶ Itē that no maner of person or persons frō hensforth wtout lauful auctoritie shall make any rumours tumultes vnlauful assembles or outcries at any of the said courtes or sessions nor any outcries or vnlauful assembles in great nombres at any other time or times except it be for the apprehension or pursuynge of murtherers or felons vpon paine of imprysonment and greuous fyne to be taxed and set vpon them by the said president and counsaile or by the Iustices or other officer before whom such misbehaui our shall happen to be committed ¶ Item that all manors landes tenementes meswages other hereditamentes all rightes tytles to the same in any of the said shires of Wales descended to any maner person or persons syth the feast of the Natiuite of saint Iohn̄ Baptist in the .xxxiii. yere of our saide souerayne lordes reigne or that herafter shall descēd be taken enioied vsed holden as Englyssh tenure to all intentes according to the cōmon lawes of this realme of Englande not to be partable among heyres males after the custome of Gauelkind as hertofore in diuerse partes of Wales hath ben vsed and accustomed And that the same lawe from and after the said feast of saint John̄ Baptist in the saide .xxxiii. yere be vsed taken and exercised in the saide countie of Mommoth in all such lordishyppes and other places as by vertue of the saide acte made in the said .xxvii. yere or by any other acte or actes made or to be made were and shall be annexed vnyted or knyt to any of the shires of Salop̄ Herford Glouc or other shires any lawes vsages or customes hertofore had or vsed to the contrary therof not withstandynge ¶ Item that no mortgages of landes tenementes or heredytamentes made or had after the said feaste of saint Iohn̄ Baptist which was in the said xxxiii yere of the raygne of our saide souerayne lord or that herafter shall be had or made within any of the saide shires or places shal be herafter alowed or admitted otherwyse then after the course of the common lawes and statutes of the realme of Englande any vsage or custome hertofore had to the contrarye therof not withstandinge ¶ Item it shal be lefull to all persons to alien sell or otherwyse put away their landes tenementes heredytamentes within the said countrey or dominion of Wales the countie of Mommoth other places annexed to any of the shires in Englād from them their heires to any person or person in fee symple or fee tayle for terme of lyfe or for terme of yeres after the maner accordyng as is vsed by the lawes of the realme of England Any welshe lawe or custome hertofore vsed in the saide countrey or dominion of wales to the contrary herof not withstandinge This artycle to take effect from after the said feast of the Natiuite of saint Iohn̄ Baptist whiche was in the said .xxxiii. yereof our said souerayne lordes reigne ¶ Item if any person or persons hauynge landes or tenementes within the saide dominion of Wales bene or here after shal be bounde within the realme of Englande by obligation vpon the statute of the staple or by recognysaunce and paye not the dette as shall apperteyne that then vpon cognysaunce and paye not the dette as shall apperteyne that then vpon certyficate therof made into the kinges Chauncery of Englande by the Clerke of the staple or by any Iustice of recorde before whom such recognysaunce shal be knowledged proces shal be made to the shireffes of Wales out of the Chauncery of Englande after the forme as is vsed to be made vppon statutes and recognysaunces by
all thinges therin conteyned shall stande and endure but onely at the kynges maiesties wyll and pleasure and none otherwyse ¶ PROVIDED alway that this acte or any thing therin conteyned shal not be preiudicial nor hurtful to any person or persons or bodies politike for or concerning any lādes tenementes rentes seruices bondmen tolles or other hereditamētes but that they euery of them their heyres successours and assignes the heyres successours and assignes of euery of them shall haue holde and enioye their landes tenementes rentes seruyces boundmen and other their hereditamentes in such like maner forme and condition as they had the same before the makynge of this act and as if this acte had neuer ben had ne made ¶ PROVIDED also that this acte nor any thyng therin conteyned shal be hurtfull or preiudiciall to any person or persons for or concernynge any office or offices whiche they or any of them haue by vertue of any the kynges letters patentes beynge now in force before the makynge of this acte nor to the fees of money vsed and accustomed to be payd for the exercyse of any such offices but that euery person persons hauynge such offyces and fees and their substitutes and deputyes shall and maye haue and exercise their saide offices as is lymitted by this acte and as they moughte haue done before the makynge of this acte And shall also haue and perceyue all suche fees for the exercyse of the sayde offices in as large and ample maner forme and condicion as they myght afore the makynge of this acte and as if this acte had neuer ben had ne made ¶ PROVIDED alwayes that all landes tenementes and hereditamentes within the sayde deminion of Wales shall descende to the heyres accordynge to the course of the common lawes of the realme of England accordyng to the tenour and effecte of this acte and not to be vsed as Gauelkynde any thinge conteyned in these prouisions or any of them to the contrary therof not withstandinge ¶ Prouided alwayes that this acte ne any clause article or thyng therin conteyned be in any wyse preiudiciall or hurtfull to George Blunte esquyer sonne and heyre of syr Iohū Blunte knight deceased for or concernynge the offices of stewardshyps of the kynges lordships or manours of Bewdley and Clebury or any other offyce or offyces hertofore graunted vnto the sayde George Blunte by the kynges letters patentes sealed vnder the great seale of England for terme of lyfe of the same George or for or concernyng any fees wages rewardes annuites profittes commodities aduauntages or emolumentes apperteyning or belonginge vnto the sayd offices or any of them but that the sayd George his deputie and deputies shall and may at all tyme and tymes durynge the lyfe of the same George haue hold exercyse and enioy the same offices and euery of them and also perceyue leuie and take the fees wages rewardes and all other profyttes and commodities to the same offices and euery of them or to any of them belongyng or in any wise apperteynyng in as large and ample maner forme and condition to all intentes constructions and purposes as though this acte had neuer ben had or made any thynge before in this acte conteyned to the contrarie not withstandynge ¶ Prouided alwayes that all libertyes francheses and priuileges of the duchy of Lancastre or in any wyse apperteyning to the same shal be of the same force plyght qualitie goodnes and condition and maye be vsed in as large and ample maner as they were before the makynge of this acte and as if this acte had neuer ben had or made any thinge in this acte to the contrary therof not withstanding ¶ FINIS Thomas Barthelet regis impressor excudebat Cum priuilegio ad imprimendum solum ☞ ❧ ❧ ☜