❧ 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 shalbe altered or changed, by any acte, or actes, in this present session to be made.
¶ Item that there shalbe 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 shalbe 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 shalbe 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, shalbe 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, shalbe 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 shalbe, 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 shalbe 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 shalbe giuen in all plees plaintes processe and adiournamentes from 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, shalbe 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, shalbe 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, shalbe 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, shalbe 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 shalbe 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 [Page]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, [Page]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 shalbe 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 thend 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 shalbe 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 shalbe 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, for terme of their lyues, shall haue and enioye their certayne ordinarie and annuell fees of money, vsed and accustomed to be payed and borne by the kynges highnes, by vertue of any theyr letters patentes, during their interest therin: but in no wise to take or claime any casuall fees, claymed by coloure of their offices, contrarie to this present ordinaunce: Any custome in Wales, or any thynge in this acte to the contrary not withstandynge.
¶ Item ouer and besides the said originall seales, there shalbe four iudiciall seales, deuised by the kinges maiestie▪ wherof one shall remayne with the Iustice of Chester, which is appoynted by this act, to be Iustice of the shires of Flynt▪ Denbigh, and Mountgomerye, to be vsed within the said shires to seale all iudiciall proces and bylles, that shall be sued before the [Page]said iustice, in the sessiōs to be holden within the same shires. And that one other of the said iudiciall seales, shall likewise remayne, & be in the charge & custodie of the said Iustice of Northwales. And that the third of the said seales, shalbe and remayne in the custodie and charge, of the Iustice of the thre shires of Glamorgan, Breknok, & Radnor. And the fourth of the said seales shall remayne in the charge and custodie of the Iustice of the sayde thre shires, of Pembroke, Carmerthin, and Cardigan. And the sayd Iustices shall seale with the sayd iudiciall seales: that is to say, euery of them with the seale committed to his charge and custodie, as well all bylles, as all other iudiciall proces, that shall be sued before them in the sayde sessions, vppon any oryginall bylles or wryttes: and all other processe, that shalbe awarded from any of the said Iustices, shalbe sealed with the sayd iudiciall seale.
¶ Item that euery of the sayd Iustices shall accompte and answere to the kynges maiestie for the profittes of the said seale, beyng in his charge and custodie, in maner and forme as herafter shalbe declared.
¶ Item that the Teste of euery byll and iudiciall proces, that shall passe vnder the sayd iudiciall seale, shalbe vnder the name of suche of the sayde Iustices, from whom such bill or iudiciall processe shall passe, in lyke maner and forme as is vsed in the common place in Englande.
¶ Item that all actions real and myxt, atteintes, conspiracies, assises, and quare impedit, appeles of murther and felonye, and all actions grounded vpon any statutes, shall be sued by originall wryttes, to be opteyned & sealed with the said original seale, returnable before the said Iustices at their sessions, within the lymittes of their auctorities, in maner and forme as is afore mencioned.
¶ Item that all maner of personall actions, as dette, detynue, trespas, accompte, and such lyke, amounting to the summe of fourty shillinges, or aboue shalbe sued by wryttes originall, to be opteyned and sealed as is aforesayd, or by billes, at the pleasure of the partye suinge the same, before the sayd Iustices, within the lymittes of their auctorities, as is vsed in Northwales. And that all personall actions, vnder the somme of fourtie shillinges, that is to say, dette, trespas, detinue▪ accompte, and such lyke, shall and may be sued, before any of the sayd Iustices, in the said sessions, by bill as it is vsed in Northwales. And that euery originall byll, concerninge actions personalles, shall be sealed with the kynges iudiciall seale, being in the custodie of the said Iustice, before whom such personall actions by bille shalbe brought, and commenced. And that suche fees shalbe paied for the writinge and sealyng of such originall writtes and bylles, as herafter shalbe expressed: That is to say, for the sealyng of euery original writte to be sued in, and vppon the causes aforesayde: and for euery byll, to be pursued in actions personall, wherof the dette, and damage amounteth to the summe of fourtye shillinges, or aboue, the partyes pursuinge the same, shall paye for the seale of euery suche wrytte or bylle, sex pens. [Page]And for euery iudiciall proces, to be sued vpon any such originall writte, or bille, the parries pursuinge such iudiciall proces, shall pay for the sealinge therof, seuen pens: wherof the kinges maiestie shall haue sex pens, and the Iustice, sealinge suche iudiciall processe, shall haue one peny.
¶ Item that euery bill in personal action, wherof the det, duitie or damage amounteth not to fourty shillinges: and all maner iudicial processe to be sued vpon the same, shall also be sealed with the kynges sayde iudiciall seale: and the parties pursuynge the same, shall pay for the seale of euery such byll, and iudiciall proces, theruppon to be sued, thre pens, wherof the kynges maiestie to haue two pens and the Iustice, sealinge suche processe, to haue a peny.
¶ Item that all writtes of Scire fac, and writtes of good aberinge, or for the peax, or writtes of Supersede as vppon the same, and all other processe to be sued from the sayde Iustices, vpon any recorde or suggestion, admitted by any of the sayde Iustices, within the limittes of their auctorities, shall also be sealed with the sayde iudiciall seale. And that the parties, pursuinge for the same, shall paye for the seale, of euery suche writte and processe, seuen pens: wherof the kynges highnesse shall haue sex pens, and the Iustice, by whome suche processe shall be sealed, a peny. And that euery exemplyfication, vpon any recorde, before any of the said Iustices, shall be sealed with the kinges saide iudiciall seale: and the parties pursuinge the same, shall paye for the seale therof, twenty pens wherof the kinges highnes shall haue sextene pens, and the Iustices, sealynge the same, four pens.
¶ Item that recoueries and fynes, concordes and Warrantes of attourney for the same, shall and maye be taken before euerye of the saide Iustices, of landes, tenementes, and hereditamentes, within his auctoritie, by force of his generall commission, without any writte of Dedimus potestatem, to be sued for the same, in like maner and fourme as is vsed to be taken, before the kynges chiefe Iustice, of his common place in Englande.
¶ Item that all fynes, herafter to be leuied before any of the saide Iustices, with proclamation made the same sessions, that the saide fine shal be engrossed, and in two other great sessions then nexte to be holden within the same countrey, shalbe of the same force and strength to al purposes, as fynes leuied with proclamations be of, that be leuied before the Iustices of the common place in Englande.
¶ Item that euery personne, suinge Writtes of Entree in the Poste, or Wryttes of couenaunt, or any other Writtes, for any recouerye to be hadde, by assent of partyes, or otherwyse, or for any fyne to be leuied, shall paye suche fynes to the kynges vse, for the same, aswell fynes Pro licentia concordandi, as all other maner of fynes, as is vsed in the kynges Chauncery, or elles where in any of the kinges Courtes of [Page]Englande: whiche fines shall be paied to 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 shalbe 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 shalbe 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 shalbe a Marshall and a Crier in euery of the circuites and lymyttis, allotted to the said Iustices, whiche shalbe 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 shalbe 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 shalbe 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, [Page]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 ye 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 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 shalbe 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, shalbe 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 [Page]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, shalbe put in euery commission of peax, in euery of the sayd twelue shires.
¶ Item that such persons, as shalbe named to be Iustices of peax, within euery of the sayd shires, shalbe 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, shalbe 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, shalbe 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, shalbe 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 shalbe 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 [Page]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 shalbe 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 shalbe assigned and appoynted by the kynges [Page]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, shalbe 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 shalbe 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 shalbe 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 shalbe 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 shalbe 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 shalbe 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, shalbe 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, [Page]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, shalbe 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, shalbe 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 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 shalbe 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 [Page]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 Iterū sum̄ 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 [Page]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 shalbe 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 ye 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, shalbe 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 shalbe 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, shalbe 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 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 [Page]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 shalbe perpetrated or done, within the said coūtie of Merionneth, to be enquired of, herd, and determined, within the countie of Salop̄, in lykemanner 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, shalbe 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 shalbe 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 shalbe 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 shalbe 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 ye 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 ye said courtes or sessions, nor any outcries or vnlauful assembles [Page]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 ye said feaste of saint Iohn̄ Baptist, which was in ye 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, shalbe 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 shalbe 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 shalbe 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 [Page]shalbe knowledged, proces shalbe 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 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 shalbe taken and knowledged before the kynges Iustices of his highnes benche or common place in England, proces shalbe 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, shalbe 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, shalbe 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 shalbe 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 [Page]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 shalbe 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 shalbe 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 shalbe 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, shalbe 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, shalbe 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 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, shalbe 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 [Page]west, shalbe 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 shalbe 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, shalbe 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 shalbe 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 shalbe 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, shalbe 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 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 [Page]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, shalbe 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, shalbe 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, [Page]and as if this acte had neuer ben had or made: any thinge in this acte to the contrary therof not withstanding.