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with the marks of their forest there used, and so seized, marked, No. XXIV. • taken, and them retain as cattle forfeited unto their own use; by rea- 27 Hen. VIII. 'son whereof the owner and owners of the same cattle have been clear "without remedy for the having again of the said cattle, except only by 'way of redemption or buying again of their own cattle, contrary to all ' equity and conscience:' In consideration whereof, &c.

[IV. All the King's subjects and friends may pass freely through all the forests in Wales without payment of any unlawful exactions.-The penalty of such who take unlawful exactions.]

[V. Cattle strayed, being recovered within a year, shall be redelivered to the owner.-The penalty for detaining cattle strayed.]

[No. XXV. ] 27 Henry VIII. c. 24.-An Act for recontinuing liberties in the Crown.

c. 4.

c. 24.

No person shall pardon treasons or felonies but the King.

W VHERE divers of the most ancient prerogatives and authorities 27 Henry VIII. of justice, appertaining to the imperial Crown of this realm, ⚫ have been severed and taken from the same by sundry gifts of the 'King's most noble progenitors, kings of this realm, to the great dimi⚫nution and detriment of the royal estate of the same, and to the hindrance and great delay of justice:' for reformation whereof, Be it enacted by authority of this present Parliament, That no person or persons of what estate or degree soever they be, from the first day of July, which shall be in the year of our Lord God 1536, shall have any power or authority to pardon or remit any treasons, murthers, manslaughters, or any kinds of felonies, whatsoever they be; nor any accessories to any treasons, murthers, manslaughters or felonies; or any outlawries for any such offences afore rehearsed, committed, perpetrated, done or divulged, or hereafter to be committed, done or divulged, by or against any person or persons in any part of this realm, Wales, or the marches of the same; but that the King's Highness, his heirs and successors, kings of this realm, shall have the whole and sole power and authority thereof united and knit to the imperial Crown of this realm as of good right and equity it appertaineth; any grants, usages, prescription, Act or Acts of Parliament, or any other thing to the contrary hereof notwithstanding.

II. And be it also enacted by authority aforesaid, That no person or persons, of what estate, degree, or condition soever they be, from the said first day of July, shall have any power or authority to make any justices of eyre, justices of assise, justices of peace, or justices of gaol delivery; but that all such officers and ministers shall be made by letters patents under the King's great seal, in the name and by authority of the King's Highness and his heirs, kings of this realm, in all shires, counties, counties palatine, and other places of this realm, Wales, and the marches of the same, or in any other his dominions, at their pleasure and wills, in such manner and form as justices of eyre, justices of assize, justices of peace, and justices of gaol delivery, be commonly made in every shire of this realm; any grants, usages, prescriptions, allowances, Act or Acts of Parliament, or any other thing or things to the contrary thereof notwithstanding.

III. And be it further enacted by authority of this present Parliament, That all original writs and judicial writs, and all manner of indictments of treason, felony and trespass, and all manner of process to be made upon the same, in every county palatine, and other liberty within this realm of England, Wales, and marches of the same, shall, from the said first day of July be made only in the name of our said sovereign Lord the King, and his heirs, kings of England; and that every person or persons having such county palatine, or any other such liberty to make such originals, judicials or other process of justice, shall make the teste in the said original writs and judicial, in the name of that same person or persons that have such county palatine or liberty.

IV. And that in every writ and indictment that shall be made within

No person shall make justices but the King.

All writs, &c. in a county palatine shall be made in the King's name.

No. XXV. 27 Hen. VIII.

c. 24.

Justices assigned within the

county palatine of Lancaster.

Towns corporate which have justices.

Bailiffs and officers of liberties shall attend upon the justices as they have done.

Liberties of cities or boroughs not to appear elsewherc.

The King shall have the fines,

&c. of bailiffs of liberties.

Fines shall be assessed upon bailiffs of liberties for insufficient returns, and not upon the sheriff.

Purveyors may provide within liberties, notwithstanding any grant.

any such county palatine or liberty, after the said first day of July next coming, whereby it shall be supposed any thing to be done against the King's peace, shall be made and supposed to be done only against the King's peace, his heirs and successors, and not against the peace of any. other person or persons whatsoever they be; any Act of Parliament, grant, custom, usage, or allowance in eyre before this time had, grauted or used, to the contrary notwithstanding.

V. Provided always, That justices of assize, justices of gaol-delivery, and justices of peace, to be made and assigned by the King's Highness within the county palatine of Lancaster, shall be made and ordained by commission under the King's usual seal of Lancaster, in manner and form as hath been accustomed; any thing in this Act to the contrary thereof notwithstanding.

VI. Provided also, That all cities, boroughs, and towns corporate within this realm, which have liberty, power and authority to have justices of peace, or justices of gaol-delivery, shall still have and enjoy their liberties and authorities in that behalf, after such like manner as they have been accustomed, without any alteration by occasion of this Act; any thing in this Act, or in any article therein contained to the contrary thereof notwithstanding.

VII. And it is ordained by authority aforesaid, That all stewards, bailiffs, and other ministers of any liberties or franchises, which in times past have used, or ought to attend upon the justices of assize, justices of gaol-delivery, and justices of the peace at large in any county, shall be attendant to the justices of assize, justices of gaol-delivery, and justices of peace of the same shires wherein such liberties and franchises be, and make due execution of all process to them to be directed, for ministration of justice within such liberties or franchises; and that also all such bailiffs, or their deputies or deputy, shall give their attendance and assistance upon the sheriff, together with the sheriff's bailiffs, at all courts of gaol-delivery from time to time, for execution of prisoners according to justice.

VIII. Provided always, that the article next above rehearsed shall not in any wise be prejudicial to any stewards or bailiffs of any cities, boroughs or towns corporate set in any shire of this realm, which have privilege that they should not be compelled to attend or appear out of such cities, boroughs or towns wherein they inhabit, but that every such city, borough and town corporate, shall use their said privileges and liberties as heretofore hath been accustomed; any thing in any of the articles above rehearsed to the contrary thereof notwithstanding.

IX. And it is further enacted by authority aforesaid, That the King our Sovereign Lord, his heirs and successors, kings of this realm, from the said first day of July next coming, shall have all manner of fines, issues, amerciaments and forfeitures that shall be lost, forfeit or assessed by or upon any stewards, bailiffs, or any other ministers or officers of any franchises or liberties, for non-execution, mis-execution or insufficient returns of such writs, warrants, precepts or other process, which to them, or to any of them, or to any their deputy or deputies, shall be directed, or for any contempt or other misdemeanor whatsoever it be, concerning their offices, in and for the due execution or administration of justice; any grant or allowance, or other thing to the contrary hereof notwithstanding. And that the amerciaments for insufficient returns of writs, or other process made by stewards or bailiffs of liberties or franchises, having returns of writs and execution of the same, shall be put and set upon the heads of such stewards or bailiffs, and not upon the sheriffs.

X. And furthermore it is enacted by authority aforesaid, That purveyors assigned by the King's commission for provisions of his Grace, the Queen and their children, shall and may provide all victuals, corn, and other kind of things whatsoever it be, according to their commissions, as well within liberties and franchises as without; any grants, allowances, or other thing to the contrary or let thereof notwithstanding.

XI. Provided always, That such purveyors shall observe the statutes for them provided in every behalf.

XII. And over this it is ordained by authority aforesaid, That in all such places wheresoever the King's Highness in his own most royal person shall come to rest, tarry, abide, or make his repose within this realm, or any his dominions, within liberty or without, there and within the verge limited and accustomed to his Grace's court, during the time of his abode, his Grace's steward, marshal, coroner, and all other his ministers, shall and may keep their courts for justice, and exercise their offices, as shall appertain to them, according to the laws, statutes, and customs of this realm, as well within liberties as without. And that his Grace's clerks of the market, and none other, during the same time, as well within liberties as without, shall exercise the office of clerk of the market: any privilege, grant, allowance or other thing to the contrary hereof notwithstanding.

XIII. Provided alway, That this article next afore rehearsed, or any thing therein contained, be not in any wise prejudicial to the city of London, but that the same city shall have and use such liberties as they might if this article had never been made.

XIV. And be it also enacted by authority aforesaid, That all and every statute, Act and Acts heretofore made and being in force, against sheriffs, their under-sheriffs, bailiffs, or other ministers, for making or returning of panels or juries, or for due execution of serving of any writs or other process, or for taking of fees, or for reformation of extortions, or for any other thing or things concerning their offices, and all pains and penalties contained in every such statute, shall from henceforth be extended to all stewards, bailiffs, and other ministers and officers of liberties and franchises, having returns of writs and executions thereof, in like manner, form and condition as they extend to the sheriffs, their under-sheriffs, bailiffs or other ministers, and as if the said stewards, bailiffs or other ministers, or officers of liberties and franchises had been specially and particularly named and rehearsed in such Sta

tutes.

XV. Provided alway, That this article next above rehearsed shall not be prejudicial to any steward, bailiffs of franchises, or to their deputy or deputies, or their clerks, for exercising and occupying their offices over and above one year; but that they and every of them may keep and occupy their said offices for so long time as they be, or hereafter shall be given to them, as if this article next afore rehearsed had never been made; any of the said Acts to be expounded and taken against them or any of them to the contrary thereof notwithstanding.

XVI. And it is enacted by authority aforesaid, That all such justices to be made as is afore rehearsed in this Act, shall have authority and power to keep and hold their sessions of peace, and to deliver the same gaols from time to time only within the same liberties and franchises, and in such places, and in none other places, by reason and authority of that commission, and to do and execute all other things within the same, in as ample and large manner as any other justices of peace and gaol-delivery in any shire within this realm may do, and have authority to do; any act, grant, use, custom and allowance heretofore had, made, or used, or any article in this present Act made to the contrary notwithstanding.

XVII. Provided always, That all and singular justices of the peace, gaol-delivery and assize, hereafter to be made, named and appointed by the King's Highness, his heirs and successors, within any liberty where any such justice of peace, gaol-delivery or assize, or any of them, have been made by any person or persons by virtue or authority of any letters patents of the gift or grant of our sovereign Lord the King, or his most noble progenitors, kings of this realm, or otherwise, shall sit and keep their sessions, gaol-delivery and assizes only in such place and places as the justices of the said fiberties lately have commonly used within the said liberties. And that no person or persons within the said liberties, or any of them, shall be hereafter in any wise compelled by

No. XXV.

27 Her.VIII.

c. 24.

The King's officers may keep court within the verge, and his clerk of the market only execute his office there.

All statutes made for she

riffs, undershall be in force sheriffs, &c. against stewards and other ministers of liberties.

Stewards and bailiffs of franchises may enjoy their offices above one year.

The new justices shall sit where commonly such

have used to be before.

No. XXV. 27 Hen. VIII.

c. 24.

Sir Thomas En

glefield, justice of Chester and Flint,

authority of this Act to appear out of the said liberties before any other justices of assize, gaol delivery, or of the peace than before such justices as shall be named and assigned to sit and be by the King's Highness, his heirs and successors, within the said liberties in form abovesaid. And that this Act shall not extend, or be expounded or taken to any other liberty, privilege or franchise, granted, used or had to any person or persons, other than before in this present Act is expressed, and plainly declared and rehearsed; any thing in this Act to the contrary notwithstanding, and as if this Act had never been made.

XVIII. Provided always, That this Act, nor any thing therein contained, be in any wise hurtful or prejudicial unto Sir Thomas Englefield, Knight, justice of the county palatine of Chester and Flint, nor to his deputy or deputies, nor to any of them, of, for or concerning the office of justice or justicer of the said county palatine and Flint, nor for or concerning any fees, profits or advantages to the same office in any manner wise appertaining or belonging; but that the said Sir Thomas, his deputy and deputies, and every of them, may lawfully have, occupy and exercise the said office, and also receive and take to their own use all manner profits, commodities and advantages to the said office belonging or appertaining, according to the tenor, purport and effect of such letters patents, as before this time were unto the same Sir Thomas made under the seal of the said county palatine, or under any other seal, by our said sovereign Lord the King that now is, of, for or concerning the said office and other the premises, or any parcel thereof, in as ample and large manner as though this Act had never been had ne made; any thing in this Act contained to the contrary in any wise notwithstanding. Cities and XIX. Provided alway, That this Act, ne any thing therein contained, towns corpobe in any wise prejudicial or hurtful to any city, borough or town corrate shall have porate, by what name or names soever they or any of them be incorporate, and their successors, and the successors of every of them, of or for any manner of liberties, privileges, customs, ancient usages and franchises; and also of all manner of fines, issues and amerciaments, and forfeitures, which they or any of them have of the grant or grants of our said sovereign Lord the King, or of any of his noble progenitors, Kings of this 'realm of England; but that the said cities, boroughs and towns corporate, and every of them, and their successors, may have, take, levy and enjoy all and every such lawful liberties, privileges, franchises, customs and usages, in as ample and large manner, and in like form and condition, as they and every of them have lawfully taken, used and had the same before the making of this Act; any thing in this Act to the contrary notwithstanding, and as if this Act had never been had ne made.

such liberties, &c. as they had before,

The Bishop of Ely and his steward shall be justices of peace within the same isle.

The Bishop of Durham and his chancellor.

XX. Provided alway, and be it enacted, That Thomas now bishop of Ely, and his successors, bishops of Ely, and their temporal steward of the Isle of Ely for the time being, and every of them, shall from henceforth be justices of peace within the said isle, and shall use and exercise all manner of things within the same isle, that appertaineth or belongeth to any justices of peace within any county of this realm of England to do, exercise and use, by virtue and authority that they be justices of peace, in as ample and large manner as any other justices of peace in any county within this realm have or might do, exercise or use; any thing or things in this Act contained to the contrary notwithstanding.

XXI. Provided alway, and be it enacted, That Cuthbert now bishop of Durham, and his successors, bishops of Durham, and their temporal chancellor of the County Palatine of Durham for the time being, and every of them, shall from henceforth be justices of peace within the said County Palatine of Durham, and shall exercise and use all manner things within the same county palatine, that appertaineth or belongeth to any justice of peace within any county of this realm of England to do, exercise and use, by virtue and authority that they be justices of peace, in as ample and large manner as any other justices of peace in any county within this realm have, or might do, exercise or use, any thing or things. in this Act contained to the contrary notwithstanding.

No. XXV. 27 Hen. VIII.

c. 24.

York and his

XXII. Provided alway, and be it enacted, That Edward now archbishop of York, and his successors, archbishops of York, and their temporal chancellor of the shire and liberty of Hexam, otherwise called Hertoldsham, for the time being, and every of them shall from henceforth be justices of peace within the said shire and liberty of Hexam, The Bishop of otherwise called Hextoldsham, and shall exercise and use all manner of things within the said shire and liberty, that appertaineth or belong- temporal chaneth to any justice of peace within any county of this realm of Eng- cellor of Hexland to do, exercise and use, by virtue and authority that they be toldsham. justices of peace in as large and ample manner as any other justice of peace in any county within this realm have, or might do, exercise or use; any thing or things in this Act contained to the contrary notwithstanding.

[No. XXVI. ] 27 Henry VIII. c. 26.-Concerning the Laws to be used in Wales.

ALBEIT the dominion, principality and country of Wales justly and righteously is, and ever hath been incorporated, annexed, united and subject to and under the imperial crown of this realm, as a very member and joint of the same, wherefore the King's most royal Majesty of meer droit, and very right, is very Head, King, Lord, and Ruler; yet notwithstanding, because that in the same country, principality and dominion, divers rights, usages, laws, and customs be ⚫ far discrepant from the laws and customs of this realm, and also because that the people of the same dominion have, and do daily use a speech nothing like, ne consonant to the natural mother tongue used within this realm, some rude and ignorant people have made distinction and 'diversity between the King's subjects of this realm, and his subjects of the said dominion and principality of Wales, whereby great discord, ' variance, debate, division, murmur and sedition hath grown between his said subjects; his highness therefore of a singular zeal, love and favour that he beareth towards his subjects of his said dominion of Wales, minding and intending to reduce them to the perfect order, notice and knowledge of his laws of this his realm, and utterly to extirp all and singular the sinister usages and customs differing from the same, and to bring the said subjects of this his realm, and of his said dominion of Wales, to an amicable concord and unity, hath by the deliberate advice, consent and agreement of the Lords Spiritual and Temporal, and the commons, in this present Parliament assembled, and by the authority of the same, ordained, enacted and established. That his said country or dominion of Wales shall be, stand and continue for ever from henceforth incorporated united and annexed to and with this his realm of England; and that all and singular person and persons, born and to be born in the said principality, country or dominion of Wales, shall have, enjoy and inherit all and singular freedoms, liberties, rights, privileges and laws within this his realm, and other the King's dominions, as other the King's subjects naturally born within the same have, enjoy and inherit.

II. And that all and singular person and persons inheritable to any manors, lands, tenements, rents, reversions, services or other hereditaments, which shall descend after the feast of All-saints next coming, within the said principality, country or dominion of Wales, or within any particular lordship, part or parcel of the said country or dominion of Wales, shall for ever, from and after the said feast of All-Saints, inherit and be inheritable to the same manors, lands, rents, tenements, reversions and hereditaments, after the English tenure, without division or partition, and after the form of the laws of this realm of England, and not after any Welsh tenure, ne after the form of any Welsh laws or customs, and that the laws, ordinances and statutes of this realm of England, for ever, and none other laws, ordinances, ne statutes, from and after the said feast of All-Saints next coming, shall be had, used, practised

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