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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
suche persons as shall seale the originall writtes for that purpose And that they shall accompte for the same in like fourme as they shall do for the profittes of the said originall seale as is aforesaide ¶ Item that the kinges siluer vpon euery fine to be leuied shal be payed as is vsed in the common place in Englande that is to saye two shillinges which kinges siluer shall be payde to the Iustice afore whom suche fyne shal be leuied Wherof the kinges highnes shall haue twenty pens and the Prenotarie entring the same shall haue two pens the Iustice afore whome suche fine shall be leuied other two pens And that the same Iustice shall accompte for the kinges part therof like as he shall for the profittes of the kinges iudiciall seale committed to his charge in maner and forme as is aforesaide ¶ Item there shal be foure Prenotaries for the makinge of all iudiciall proces and for the enteringe of all plees proces and maters of recorde in the sessions to be holden before the said Iustices wherof one of the saide Prenotaries shall attende vpon the saide Iustice appoynted for the thre shires of Northwales And one other shal attende vpon the Iustice assigned for the thre shires of Flint Denbigh and Mountgomerie And the thirde shall attende vppon the Iustice assigned for the thre shires of Caermerthin Cardigan and Pembroke And the fourth of the sayde Prenotaries shall attende vpon the Iustice assigned for the thre shires of Glamorgan Breknok and Radnor And these foure Prenotaries as often as their saide offices shall be voyde shall be named and appoynted by the kinges highnes by his maiesties letters patentes vnder his great seale of Englande And where one Iohn̄ Arnolde gentilman hath thoffice of Prenotarie and clerkeshippe of the Crowne by the kinges highnesse letters patentes within the said thre shires of Northwales And that one Iohn̄ Brekenhed hath thoffice of the Prenotarie and clerkeshippe of the Crowne by the kinges letters patentes within the saide shire of Flynt And that likewyse one Iohn̄ Lennerde hath thoffice of the prenotary and clerkeshippe of the crowne by the kinges letters patentes within all the residue of the saide dominion of Wales The kinges maiestie is pleased contented that the said thre Prenotaries shal haue vse enioy their said offices accordinge to the effecte of the said letters patentes to them therof made doinge their duties and attendaunce by them selues or their sufficient deputies at euery of the saide sessions to be kepte within the shires wherunto they be so appoynted ¶ Item there shal be a Marshall and a Crier in euery of the circuites and lymyttis allotted to the said Iustices whiche shal be named by the sayde Iustices within the lymyttis of their auctoritie and commyssiumlon in lyke maner and fourme as Iustices of assyse do in Englande And the saide officers shall attende vpon the saide Iustices in their circuites in their owne propre persons and not by their deputies And that the Marshall shall haue vpon euery iudgement and euery fyne four pens and the crier a peny And vpon the acquitalles of felons and of them that shal be deliuered by proclamation or deliuered out of cōmon maynprise before any of the said Iustices the Marshall shal haue foure pens and the crier a peny ¶ Item that euery of the saide prenotaries within the limittes of their offices shall take such fees as hereafter shall be expressed That is to say for the writinge of plees and ingrossynge of writtes of entre in the post writtes of right Quod ei deforceat or any other writtes pursued by thassent of the parties fyue shillinges And if it be with a duple voucher then sex shyllinges and .viii. d. for the exemplification therof two shillinges And for the engrossing of fynes to haue for euery fyne thre shillinges and foure pens And if it be with proclamations then four shillinges ¶ Item for euery bill of debte detinue trespas and all other actions personalles sued before the said Iustices in their circuites vnder the summe of .xl. s. the Prenotaries shall haue for the firste byll iiii d. for the second byll foure d. and for the third byll foure d. And for the entre of euery declaration plee in barre replication and reioynder in and vpon euery such actions so that he do enrolle the same in parchement foure pens And for euery venite fac tales habeas corpora et distr in the same actions foure pens and for the iudgement four pens And for euery writte of execution in euery such action sex pens And for euery warrant of atturney in euery such action as well for the playntiffes as for defendantes foure pens ¶ Item in all actions of detinue trespas and all other actions personall wherin the dutie debte or damage amounteth to the summe of fourtie shillinges or aboue which shal be sued by billes before the saide Iustices the prenotarie shall haue for the first bill foure pens for the seconde bill .iiii. d. for the thirde byll foure pens And for euery of the declaration the answere replication and reioynder if it be enrolled in parchment eyght pens And for the venire fac tales habeas corpora et distr for euery of them sex pens and for the iudgement eyght pens and for the warrant of atturney foure pens and for euery writte of execution vpon the iudgementes in such billes sex pens ¶ Item in originall writtes sued vpon euery action personall returnable before the said Iustices the prenotaries shall haue for euery iterum sum̄ sex pens for euery distres in trespas sex pens and for the declaration eyght pens for the answere replication and reioynder for euery of them if they be inrolled and engrossed as is afore saide twelue pens For the venire fac tales habeas corpora et distr for euery of them sex pens and the prenotaries to haue for the entre of the iudgementes in euerye such action twelue pens And for euery writte of execution sued vppon the same sex pens For the exemplification of euerye recorde in any of the saide actions two shillinges For euery warrant of atturney foure pens In all actions Reals and mixte assises quare impedit appeales of felonie murther or mayme the Prenotarie to haue for the declaration or playnte two shillinges and for the plee in barre replication reioinder surreioinder for euery of thē if they be enrolled as is aforesaid twelue pens for the writing of euery venire fac Tales habeas corpora distr vpon the same for euery of them sex pens and for the entre of the iudgement in euery of the said actions appeles two shillinges And for the writyng of the writtes of execution made vpon euery of the said actions appeles and assises twelue pens And for writtes of graunde Cape and petie cape and writtes of view writtes vpon voucher and al other writtes in euery such action or actions twelue pens And for euery warrant of atturney for the
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