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No. XXVI. profits to the same offices, or to any of them in any wise belonging 27 H. VIII. or appertaining, in as large and ample manner, formn and condition, as if the said Act
had never been had or made.
[ No. XXVII.] 33 Henry VIII. c. 13.–Lordships in
Wales removed from the county of Denbigh to the county of Flint, &c. When and where the shire court of Chester shall be kept. There shall be two coroners chosen for the county of Chester. When the sessions for the county of Chester shall be holden. Certain lordships and parishes in Wales annexed to the county of Flint. Certain towns in the county of Flint in Wales assigned to be within the hundreds of Molesdale and Rutland.
34 & 35 H.VIII. [ No. XXVIII. ] 34 and 35 Henry VIII. c. 26.–An Act
for certain Ordinances in the King's Dominion and
Principality of Wales (1). Laws specially OUR Sovereign Lord the King's Majesty, of his tender zeal and affecin Wales by the dominion, priocipality and country of Wales, for good rule and order officers there. to be from henceforth kept and maintained within the same, whereby his
said subjects may grow and arise to more wealth and prosperity, hath devised and made divers sundry good and necessary ordinances, which his Majesty of his most abundant goodness, at the humble suit and petition of his said subjects of Wales, is pleased and contented to be enacted by the assent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by the authority of
the same, in manner and form as hereafter ensueth. Wales divided II. First, That his grace's said dominion, principality and country of into twelve Wales be from henceforth divided into twelve shires; of the which eight shires.
have been shires of long and ancient time, that is to say, the shires of Glamorgan, Caermarthen, Pembroke, Cardigan, Flint, Caernarvon, Anglesey and Merioneth; and four of the said twelve shires be newly made and ordained to be shires, by an Act made at the Parliament holden at Westminster in the twenty-seventh year of our said Sovereign Lord's most noble reign, that is to say, the shires of Radnor, Brecknock, Montgomery and Denbigh, over and besides the shire of Monmouth, and divers other dominions, lordships and manors in the marches of Wales, united and annexed to the shires of Salop, Hereford and Gloucester, as by the
said late Act more plainly appeareth, Limitation of III. Item, That the limitations of the hundreds, of late made within hundreds by the said shires by virtue of his grace's commissions directed out of his commission. Highness Court of Chancery, and again returned into the same, shall
stand in full strength, force and effect, according to the said limitation; except such of the same as sith that time hath been altered or changed by virtue of any Act or Acts of Parliament already made, or that shall
be altered or changed by any Act or Acts in this present session to be President and
IV. Item, That there shall be and remain a president and council in (1) Mr. Barrington observes on this Act, that thing relative to this most excellent law; and it “ contains a most complete code of regula- that therefore the inhabitants of the princitions for the administration of justice, with pality must for ever remain ignorant of the such precision and accuracy, that no one clause name of their greatest patriot and benefactor." of it hath ever yet occasioned a doubt or re- -It will be seen by note to sect. 4, that the quired an explanation.” He adds, that “though remark as to the statute never having required the calendar of the Lords' journals begins with an explanation is not perfectly correct. the first year of this reign, he cannot find any
the said dominion and principality of Wales, and the marches (1) of the No. same, with all officers, clerks and incidents to the same, in manner and XXVIII. form as hath been heretofore used and accustomed ; which president and
34 & 35 council shall have power and authority to hear and determine, by their wisdoms and discretions, such causes and matters as be or hereafter shall Henry VIII. be assigned to them by the King's Majesty, as heretofore hath been
c. 26. accustomed and used.
V. Item, That there shall be holden and kept sessions twice in every Sessions of year, in every of the said shires in the said dominion and principality of Wales twice in Wales, that is to say, in the shires of Glamorgan, Brecknock, Radnor, a year. Carmarthen, Pembroke, Cardigan, Montgomery, Denbigh, Flint, Caernarvon, Merioneth and Anglesey; the which sessions shall be called the King's great sessions in Wales.
Vi. Item, That the justice of Chester for the time being shall hold Justice ofChesand keep sessions twice in every year, in the shires of Denbigh, Flint and Montgomery, and have nothing but his old fee of an hundred pounds yearly for the same.
VII. Item, That the justices of North Wales shall in likewise hold JusticeofNorth and keep sessions twice every year, in every of the said shires of Caer- Wales. narvon, Merioneth and Anglesey, and shall have yearly of the King's Majesty a yearly fee of fifty pounds for the same.
VIII. Item, That one person learned in the laws of this realm of Justice of RadEngland, by the King's Majesty to be named and appointed, shall be nor, &c. justice of the shires of Radnor, Brecknock, and Glamorgan, and shall in likewise hold and keep sessions twice in every year in every of the same shires, and shall have yearly of the King's Majesty fifty pounds for his fee.
IX. Item, That one other person learned in the laws of this realm, Justice of Caerto be appointed as is aforesaid, shall be justice of the shires of Caer. marthen. marthen, Pembroke, and Cardigan, and shall in likewise hold and keep sessions twice in every year, in every of the same shires, and shall also have yearly of the King's Majesty fifty pounds for his fee.
X. Item, The said persons or justices, and every of them now being, Patents under or that hereafter shall be, shall have several letters patents and commis- the Great Seal. sions for their offices, under the King's Seal of England, to be exercised by themselves or their sufficient deputies, according to the purposes and intents in these ordinances specified.
XI. Provided always, That their commissions to them already granted Commissions under the said Great Seal, shall stand in force and effect according to already granted the tenor of the same, unless it shall please the King's Majesty here to stand in after to alter or change them or any of them ; this present article last force. before expressed in any wise notwithstanding.
XII. Item, That every of the said justices, within the limits of their Of what things commissions and authorities to them appointed as is aforesaid, shall the justices in hold all manner of pleas of the crown at and in the said sessions, in as
Wales mayhold large and ample manner as the King's Chief Justice in England, and plea. other the King's Justices of the King's Bench there, or any of them, may do in their places, or elsewhere within the realm of England; and also to hold pleas of assizes, and all other pleas and actions real, personal and mixt, in as large and ample manner as the King's Chief Justice of the Common-place in England, and other justices of the same place, or any of them, may do in the realm of England.
XIII. Item, That every of the said justices of Wales shall have power and authority to enquire of all treasons, murders, felonies, riots, routs, unlawful assemblies, extortions, embraceries, maintenances, retainers,
(1) See the pieces on the jurisdiction of the that those counties were not within the jurismarches in Bacon's law tracts.
diction of the president and council of the tended by Bacon, as solicitor general, that the marches. The question has become immaterm marches in this section extended to the terial by the abolition of that court; but the counties of Hereford, Worcester, Salop and argument of Bacon deserves attention, as conGloucester. The contrary was maintained by taining some very judicious principles respectgerjeants Hulton and Harris. It appears by 2 ing the general exposition of statutes. Inst. p. 242, that it was held by all the judges
It was con
No. concealments, contempts, and all other offences and evil deeds, of what XXVIII. natures, names or qualities soever they be, done, committed or perpetrated
within the limits of their commissions and authorities, against the form 34 & 35 H.
of the common law of the realm of England, or of any statutes of the VIII. c. 26. same, and to hear and determine the premisses, and every of them, and
generally to minister common justice to all and singular the King's sub-
ing to this present ordinance.
said times, as is or hath been used within the said three shires of North
same, to the intent the King's subjects may have knowledge thereof. Days in court. XV. Item, That days shall be given in all pleas, plaints, process and
adjournments, from day to day and sessions to sessions, by the discre-
subjects, as is or hath been used in North Wales.
remain in the charge, keeping and custody of the chamberlain of North
XVII. And that one other original seal, devised by the King's Majesty
XVIII. And that likewise one other original seal, devised by the King's Majesty, for administration of justice, to be used in the said three shires of Brecknock, Radnor, and Glamorgan, shall be and remain in the charge and custody of the steward and chamberlain of Brecknock.
XIX. And that also one other original seal, devised by the King's Majesty for ministration of justice, to be ministered within the said shires of Denbigh and Montgomery, shall be and remain in the charge, keeping and custody of the steward and chamberlain of Denbigh.
XX. And that the original scal of Chester shall be and stand for the original seal of Flint, for justice to be ministered in the said shire of Flint, and shall be and remain-in the charge, keeping and custody of the
Chamberlain of Chester.
turnable before the said justices at the sessions to be holden in every
account and answer the King's Majesty for the profits of the same seal :
inhabiting within any of the said twelve shires, to appear before themshall use them. selves or their deputies, ne shall have power and authority to hear and
determine any pleas of the crown, nor other causes or matters of justice,
King's Highness stewards, chamberlains or chancellors, within any of No. the said twelve shires, which by reason of their said offices have charges XXVIII. for the receipt, collection or accompt, of and for the King's rents, reve
34 & 35 H. nues, farms, or profits, to be due to his Majesty within the said domi
VIII. c. 26. nion of Wales, may direct process under the said seal, being in their charge and custody, within the limits of their authorities, only against bailiffs, reeves, farmers, and other ministers accomptant, to appear be
against acfore themselves, to answer to and for any the King's revenues, farms, rents or profits, and for none other causes, nor against any other per, turnable before
comptants, reson or persons, in like manner and form as they have been accustomed themselves. in that case to do.
XXIII. Item, That all stewards of any lordships or manors in Wales Stewards of shall and may keep and hold such leets, lawdays or court barons, as manors may appertaineth and belongeth to the lordships and manors whereof they hold courts and be stewards, and hold pleas by plaint under the sum of xl.s. in every
leets. such court baron, and have and enjoy all other authorities, commodities and profits as stewards of leets, lawdays and court barons in England coinmonly have and been used to have by reason of the said offices, and none other; any law, usage, or custom in the said dominion of Wales heretofore had to the contrary hereof notwithstanding
XXIV. Item, Provided always, and be it enacted, That the said Stewards or stewards, nor any of them, nor the sheriff of the said counties in Wales, sheriffs shall shall have any power or authority to enquire of any manner of felony not enquire of in any such "leet, lawday or torn, within the said dominion to be felony. holden.
XXV. And that from henceforth no leet nor lawday be kept by the 26 H. 8. c. 6. steward or other officer of any lordship or manor in the said dominion of Wales, but in such lordships and places, where it was accustomed to be kept before the making of the Act of Parliament concerning Wales, made in the twenty-sixth year of our said Sovereign Lord's reign ; so always the place where such court shall be kept, be meet and convenient for that purpose.
XXVI. Item, That all mayors, bailiffs and head officers of corporate Oficers of cortowns in Wales, may hold pleas and determine actions, and do every porate towns other thing concerning common justice, according to their lawful may hold pleas grants and laudable customs of such towns ; so always they follow the and determine course, trade and fashion of the laws and customs of the realın of Eng
actions. land, and not of any Welsh laws or customs. And that in every of the said towns they may try all issues joined, or hereafter to be juled, in any action personal, by six men, according as heretofore in divers places in the said country it hath been used ; any thing contained in this Act to the contrary notwithstanding.
XXVII. Provided always, and be it enacted by the authority afore. The King may said, That forasmuch as there be divers and many small boroughs and dissolve botowns corporate within the said dominion of Wales, whereof many have roughs and their commencement by grants made from the lords marchers, and some erect others by
his letters p&by other means, our said Sovereign Lord shall from henceforth, by virtue of this Act, have full power and authority, by his letters patents, to be inrolled in his Grace's High Court of Chancery, at any time within seven years hereafter next ensuing to the end of this present Parliament, to repel, annihilate and dissolve such and as many of the said boroughs and towns corporate, and all liberties and customs of the same, as to his Highness shall be thought expedient, to the intent bis Majesty, at his Grace's pleasure, may duly erect, ordain and make such and as many other boroughs and towns corporate within the said dominion, being more apt and convenient for that purpose, and endue them with such liberties and franchises, as to his most excellent wisdom shall be thought necessary for the wealth of the said country.
XXVIII. Item, The King's Majesty is pleased and contented of bis Oficers certain most gracious goodness, that such as have patents of any office of fees shall constewardsbips, chamberlainships, chancellorships or justiceships, within tinue, but not the said dominion of Wales, for term of their lives, shall have and their casual enjoy their certain, ordinary and annual fees of money, used and ac- sees.
No. customed to be paid and born by the King's Highness, by virtue of any XXVIII. their letters patents, during their interest therein, but in no wise to take 34 & 35 H.
or claim any casual fees claimed by colour of their offices, contrary to VIII. c. 26.
this present ordinance; any custom in Wales, or any thing in this Act
XXIX. Item, Over and besides the said original seals, there shall be
main with the justice of Chester, which is appointed by this Act custody they
to be justice of the shires of Flint, Denbigh and Montgomery, to shall be, and
be used within the said shires, to seal all judicial process and bills what shall be that shall be sued before the said justice, in the sessions to be holden sealed with within the same shires : And that one other of the said judicial seals them. shall likewise remain and be in the charge and custody of the said justice
of North Wales : And that the third of the said seals shall be and re-
charge and custody, in manner and form as hereafter shall be de
clared. Teste of every
XXXI. Item, That the teste of every bill and judicial process that process, shall pass under the said judicial seal, shall be under the name of
such of the said justices from whom such bill or judicial process
XXXII. Item, That all actions real and mixt, attaints, conspiracies, shall be sealed assizes and quare impedit, appeals of murder and felony, and all acwith the origi- tions grounded upon any statutes, shall be sued by original writs, to be nal seal. obtained and sealed with the said original seal, returnable before the
said justices at their sessions, within the limits of their authorities, in
manner and form as is aforementioned.
above, shall be sued by writs original, to be obtained and sealed as is
XXXIV. And that all personal actions under the sum of xl.s. that is tionsunder xl.s. to say, debt, trespass, detinue, accompt and such like, shall and may be
sued before any of the said justices in the said sessions, by bill, as it is
used in North Wales. Original bill XXXV. And that every original bill concerning actions personal, concerning ac- shall be sealed with the King's judicial seal, being in the custody of the tions personal. said justice before whom such personal actions by bill shall be brought
and commenced. Fees for writ- XXXVI. And that such fees shall be paid for the writing and sealing ing and sealing of such original writs and bills as hereafter shall be expressed, that is of writs and
to say, for the sealing of every original writ to be sued in and upon the bills.
causes aforesaid, and for every bill to be pursued in actions personal,