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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 6 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 re
continuing liberties in the Crown. VHERE divers of the most ancient prerogatives and authorities 27 Henry VIII.
of justice, appertaining to the imperial Crown of this realm, c. 24. have been severed and taken from the same by sundry gifts of the 'King's most noble progenitors, kings of this realın, to the great dimi' nution and detriment of the royal estate of the same, and to the hin“drance and great delay of justice :' for reformation whereof, Be it No person shall enacted by authority of this present Parliament, That no person or pardon treapersons of what estate or degree soever they be, from the first day of sons or felonics July, which shall be in the year of our Lord God 1536, shall have any but the King. 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, murtbers, 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 No person shall persons, of what estate, degree, or condition soever they be, from the make justices said first day of July, shall have any power or authority to make any but the King. jastices 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 palents under the King's great seal, in the naine 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, All writs, &c. That all original writs and judicial writs, and all manner of indictments in a county paof treason, felony and trespass, and all manner of process to be made latine shall be upon the same, in every county palatine, and other liberty within this inade in the realm of England, Wales, and marches of the saine, shall, from the King's name. 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 snake such originals, judicials or other process of justice, shall makć the leste 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. XXV. any such county palatine or liberty, after the said first day of July next 27 Hen.VIII. 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 c. 24.
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, granted
or used, to the contrary notwithstanding. Justicesassign- V. Provided always, That justices of assize, justices of gaol-delivery, ed within the
and justices of peace, to be made and assigned by the King's Highness county palatine within the county palatine of Lancaster, shall be made and ordained by of Lancaster.
commission under the King's usual seal of Lancasler, in manner and form as hath been accustomed ; any thing in this Act to the contrary
thereof notwithstanding. Towns corpo
VI. Provided also, That all cities, boroughs, and towns corporate rate which have within this realm, which have liberty, power and authority to have justices. 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. Bailiffs and of
VII. And it is ordained by authority aforesaid, That all stewards, ficers of liber- bailiffs, and other ministers of any liberties or franchises, which in tiesshallattend times past have used, or ought to aitend upon the justices of assize, upon the jus- justices of gaol-delivery, and justices of the peace at large in any tices as they county, shall be attendant to the justices of assize, justices of gaol-dehave done.
livery, 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 exe
cution of prisoners according to justice. Liberties of VIII. Provided always, that the article next above rehearsed shall not cities or bo- in any wise be prejudicial to any stewards or bailiffs of any cities, roughs not to boroughs or towns corporate set in any shire of this realm, which have appear else
privilege that they should not be compelled to attend or appear out of where.
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 notwith
standing The King shall IX. And it is further enacted by authority aforesaid, That the King have the fines, our Sovereign Lord, his heirs and successors, kings of this realm, from &c. of bailiffs
the said first day of July next coming, shall have all manner of fines, of liberties.
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 insuficient 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, Fines shall be concerning their offices, in and for the due execution or administration assessed upon of justice ; any grant or allowance, or other thing to the contrary bailiffs of liber- hereof notwithstanding. And that the amerciaments for insufficient reties for insuffi- turns of writs, or other process made by stewards or bailiffs of liberties cient returns, or franchises, having returns of writs and execution of the same, shall and not upon
be put and set upon the heads of such stewards or bailiffs, and not upon the sheriff.
the sheriffs Purveyors may X. And furthermore it is enacted by authority aforesaid, That purprovide within
veyors assigned by the King's commission for provisions of his Grace, liberties, not
the Queen and their children, shall and may provide all victuals, corn, withstanding
and other kind of things whatsoever it be, according to their commisany grant.
sions, 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 No. XXV. for them provided in every behalf.
27 Her. VIII. XII. And over this it is ordained by authority aforesaid, That in all
C. 24. 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 King's offithe verge limited and accustomed to his Grace's court, during the time
cers may keep
court within of his abode, bis Grace's steward, marshal, coroner, and all other his the verge, and ministers, shall and may keep their courts for justice, and exercise their his clerk of the offices, as shall appertain to them, according to the laws, statutes, and market only customs of this realm, as well within liberties as without. And that his execute his ofGrace's clerks of the market, and none other, during the same time, as fice there. 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 All statutes every statute, Act and Acts heretofore made and being in force, against made for shosheriffs, their under-sheriffs, bailiffs, or other ministers, for making or
riffs, underreturning of panels or juries, or for due execution of serving of any shall be in force
sheriffs, &c. writs or other process, or for taking of fees, or for reformation of extor
against stewtions, or for any other thing or things concerning their offices, and all ards and other pains and penalties contained in every such statute, shall from hence- ministers of liforth be extended to all stewards, bailiffs, and other ministers and offi- bertics. cers of liberties and franchises, haviog 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 Statutes.
XV. Provided alway, That this article next above rehearsed shall not Stewards and be prejudicial to any steward, bailiffs of franchises, or to their deputy bailiffs of franor deputies, or their clerks, for exercising and occupying their offices chises may enover and above one year ; but that they and every of them may keep joy their offices and occupy their said offices for so long time as they be, or hereafter above one year. 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 heretofure 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, The new jusgaol-delivery and assize, hereafter to be made, named and appointed tices shall sit by the King's Highness, his heirs and successors, within any liberty where comwhere any such justice of peace, gaol-delivery or assize, or any of theny, monly such
have used to be have been made by any person or persons by virtue or authority of any
before. letters patents of the gift or grant of our sovereign Lord the Ring; 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 liberties 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. authority of this Act to appear out of the said liberties before
other 27 Hen. VIII. justices of assize, gaol delivery, or of the peace than before such jusc. 24.
tices as shall be named and assigned to sit and be by the King's High-
trary notwithstanding, and as if this Act had never been made.
deputy or deputies, nor to any of them, of, for or concerning the office
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 corpo
be in any wise prejudicial or hurtful to any city, borough or town corrate shall have such liberties,
porate, by what name or names soever they or any of them be incorpo&c. as they had
rate, and their successors, and the successors of every of them, of or for before,
‘any manner of liberties, privileges, customs, ancient usages and fran-
Ely, and his successors, bishops of Ely, and their temporal steward of steward shall
the Isle of Ely for the time being, and every of them, shall from hencebe justices of
forth 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
thing or things in this Act contained to the contrary notwithstanding: The Bishop of
XXI. Provided alway, and be it enacted, That Cuthbert now bishop
of Durham, and his successors, bishops of Durham, and their temporal
XXII. Provided alway, and be it enacted, That Edward now arch. No. XXV. bishop of York, and his successors, archbishops of York, and their tem- 27 Hen. VIII. poral chancellor of the shire and liberty of Hexam, otherwise called
c. 24. 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
York and his 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 not. withstanding
[ No. XXVI. ], 27 Henry VIII. c. 26.-Concerning the
Laws to be used in Wales.
righteously is, and ever hath been incorporated, annexed, c. 26. * united and subject to and under the imperial crown of this realm, as The causes why • a very member and joint of the same, wherefore the King's most royal a diversity hath • Majesty of meer droit, and very right, is very Head, King, Lord, been made ' and Ruler ; yet notwithstanding, because that in the same country, between the
principality and dominion, divers rights, usages, laws, and customs be King's subjects • far discrepant from the laws and customs of this realm, and also because
of England and
Wales. • 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 zcal, love and All persons favour that he beareth towards his subjects of his said dominion of born in Wales Wales, mioding and intending to reduce them to the perfect order, shall enjoy all notice and knowledge of his laws of this bis realm, and utterly to extirp liberty as other all and singular the sinister usages and customs differing from the same, land do.
subjects in Engand 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 cominons, 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
The laws of manors, lands, tenements, rents, reversions, services or other heredita- England shall ments, which shall descend after the feast of Al-saints next coming, be used in within the said principality, country or domioion 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 stalutes of this realm of England, for ever, and none other laws, ordinances, ne statutes, from and after the said feast of All Saints ncxt coming, shall be had, used, practised