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fully recovered against them by the order of the King's laws, or by No. decree of the president and council there.
XXVIII. CIII. Item, Io actions personal, taken and pursued before the said justices in Wales, by original writ or bill, if nine of the jury be sworn to
34 & 35 H. try the issue between the party-plaintiff and the defendant, and the
VIII. c. 26. residue of the said jury make default, or be tried out: Then the sheriffs sball and may immediately return other names in the said jury, de cir- Jury de circumstantibus, unto such time there be twelve men sworn to try the issue cumstantibus. between them, as before the justices of North Wales hath been afore used and accustomed in such cases.
CIV. Item, That if any goods or chattels be stolen by any person or No sale of sto persons, and sold in any fair or market within the said dominion of len goods shall Wales, that no such sale shall change the property thereof from the change the proowner of the same, but that he may lawfully seize, take and have the perty. same again, upon proof thereof made, the said sale notwithstanding.
cv. Item, That no person or persons bargain or buy any manner of None shall buy beast or other quick cattle in any place within Wales, out
of the market cattle out of or fair, unless he can bring forth sufficient and credible witness of the the market. name of the person, what place and time he bought the same, upon pain and danger of such punishment and fine as shall be set upon him by the said president and council, or any of the said justices in his circuit, for the said offence, and as he will therefore answer at his further peril.
CVI. Item, If any goods or chattels be stolen within the limits of any Following of of the said shires in Wales, that then upon suit thereof had and made, stolen goods. the track shall be followed from township to township, or lordship to lordship, according to the laws and customs in that behalf heretofore used in Wales, upon such penalty and danger as heretofore hath been accustomed.
CVII. Item, That every person that hath any lands or tenements in A freeholder fee-simple or fee-tail, or for term of life, or for term of any other man's may pass in any life, being freehold, shall and may pass in all manner juries and trials, as jury. well in case of felony or murder, as in all actions real, personal and mixt, whatsoever they be, attaint only except; and also may be impanelled, and inquire of all concealments, forcible entries, and other causes of inquiry for the King's Majesty, albeit he may not dispend forty shillings by the year ; saving to every man bis lawful challenge for any other cause, according to the laws of this realm of England.
CVIII. Item, That no juror shall pass in attaint, unless he may dis- Juror inattaint. pend forty shillings by the year of estate of freehold.
CIX. siem, The tenants and resiants in Wales shall pay their tallage. Tallage at the at the change of their lords in such places, and after such form as hath change of lords. been heretofore accustomed in Wales.
CX. Item, That all the King's subjects and resiants in Wales shall find, Knights for at all Parliaments hereafter to be holden in England, knights for the shires, burshires, and citizens and burgesses for cities and towns, to be named and gesses. chosen by authority of the King's writ under the great seal of England, according to the Act in that case provided, and shall be charged and 27 H. 8. c. 26. chargeable to all subsidies and other charges to be granted by the Com- Subsidies and mons of any of the said Parliaments, and pay all other their rents, farms, charges. customs and duties to the King's Highness, as they have been accustomed heretofore; fines for redemption of sessions only excepted, which the fines for reKing's Majesty of his most gracious goodness and liberality is contented demption of and pleased to remit, at the humble suit of bis said loving subjects of his sessions resaid dominion of Wales.
mitted. CXI. Item, That the town of Haverfordwest shall after the end of this Haverford a present Parliament for ever find one burgess for the said town, at every burgess. Parliament after that time to be holden: And the charges of the same burgess to be always born by the mayor, burgesses and inhabitants of the said town, and none other.
CXII. Item, That the King's Majesty shall have all felons goods, and Felons goods, goods of persons outlawed, waifs, strays, and all other forfeitures and es- waifs, strays. cheats whatsoever they be, answered thereof by the hands of the sheriffs,
No. saving always the rights and interests of every of his subjects having XXVIII. lawful title to have the same.
CXIII. Item, That all errors and judgments before any of the said jus34 & 35 H.
tices at any time of the great sessions, in, pleas real or mixt, shall be VIII. c. 26. redressed by writ of error, to be sued out of the King's Chancery of
England, returnable before the King's justices of his bench in England, In what courts
as other writs of error be in England. And that all errors in pleas pererrors in Wales shall be re
sonal shall be reformed by bills to be sued before the said president and dressed.
council of Wales, from time to time, as the party grieved will sue for
fore as is used in England.
in any base court be stayed or deferred by reason of any writ of false
ČXV. Item, That all process for urgent and weighty causes shall be weighty causes. made and directed into Wales, by the special commandment of the
Chancellor of England for the time being, or any of the King's council
contrary thereof notwithstanding.
of the county of Wigorn, and to be within the hundred of Dodingtre.
had nor made.
from henceforth united, annexed, joined, named, accepted and taken as county of Caer- part and parcel of the county of Caermarthen, and reputed, joined, marthen.
united, named, accepted and taken as part and parcel of the hundred of
CXVIII. Item, That the county or shire court of the county of Radnor
notwithstanding: The King may CXIX. Item, It is further enacted by the authority aforesaid, that the
add and alter King's most royal Majesty shall and may, at all times hereafter, from • laws and ordi- time to time, change, add, alter, order, minish, and reform all manner
of things afore rehearsed, as to his most excellent wisdom and discretion This branch js sball be thought convenient; and also to make laws and ordinances for repealed 21 Jác. the common wealth and good quiet of his said dominion of Wales and 1. c. 10. & 4. bis subjects of the same, from time to time, at bis Majesty's pleasure ;
any thing contained in this Act, or in the said Act made for the said shire
ground of Wales, or any other Act or Acts, thing or things, to the con- No. trary thereof beretofore made in any wise notwithstanding.
XXVIII. cxx. And that all such alterations of the premisses, or any part 34 & 35 H. thereof, and all such laws and ordinances to be hereafter made, devised VIII. c. 26. and published by authority of this Act, by the King's Majesty, in writing under his Highness great seal, shall be of as good strength, virtue and effect, as if they had been had and made by authority of Parliament.
CXXI. Item, Be it further enacted and ordained by authority afore- How much the said, That where the King's Majesty that now is, by his letters patents King's farmer bearing date the first day of May in the thirty-fourth year of his most of the subsidy prosperous reign, demised and granted to William Webbe the subsidy and of woollen usage of all woollen clothes made or to be made in the county of Mon- cloths in Wales mouth, and in the twelve shires of Wales, that is to say, in the county of shall take for Brecknock, Radnor, Montgomery, Caermarthen, Glamorgan, Pembroke,
the sealing of
a cloth. Cardigan, Anglesey, Flint, Denbigh, Caernarvon and Merioneth, and in all and singular towns and other places whatsoever they be, within the precinct and limits of the said counties, and elsewhere within the dominion of Wales; to have and hold to the said William Webbe and his assigns, for certain years yet enduring, that the said William Webbe, his deputies and assigns, shall have from henceforth full power and authority, by force of this Act, to take for the sealing of every woollen cloth hereafter to be made in the said twelve shires, and elsewhere within the said dominion of Wales, as hereafter is declared, and none otherwise ; that is to say, for every whole piece of frize, j. d. every half piece of frize, ob. every piece of cotton and lining being xxiv. yards and under, ob. and for every piece of the same being above xxiv. yards, j. d. of every broad-cloth, j.d. of every piece of kersey being xviij. yards and above j.d. of every piece of kersey being under xviij. yards, ob.
CXXII. Provided always, That this Act, ne nothing therein contained, Cloths made extend not to charge any manner of person or persons being or that within theownhereafter shall be inhabitant in any of the said twelve shires, or elsewhere er's house not within the dominion of Wales, for any clothes, frizes, kerseys, or linings put to sale. made or hereafter to be made and occupied within their houses, and not to put to sale to any person or persons, but to their servants for their wearing:
CXXIII. And further be it enacted by the authority aforesaid, That The aulnager the said aulnager in Wales, by himself, or by his sufficient deputy or in Wales bound deputies, shall in all things to his office appertaining, do and be bound to the laws of to do and answer in every case, like and according as all and every other England. aulnager in the realm of England doth or ought to do, according to the laws and statutes of the realm of England; and for the contrary doing or exercising of the said office, shall in every case and degree suffer, as by the said laws and statutes is ordained, established or enacted for aulnagers under the Lord Treasurer of England for the time being.
CXXIV. And furthermore the King's Majesty is contented and pleased, Haverfordwest notwithstanding the statute made in the twenty-seventh yenr of his most a county in gracious reign, That where there should be but twelve shires in Wales, itself. that the town of Haverfordwest shall be a county in itself as it bath been before this time used, at the will and pleasure of the King's said Majesty: and that it shall be separated from the county of Pembroke at the King's said pleasure. And that the King's high justice of the said county of Pembroke, shall be high justice of the said counts and town of Haverfordwest, and shall have like power and authority, to and for the administration of justice within the said county and town of Haverfordwest, as is limited and appointed to the said justice to and for the administration of justice in the said county of Pembroke. And that the mayor, sheriff, bailiffs and burgesses of the said county and town of Haverfordwest, from time to time, shall be as well attendant, and obey all precepts and commandments of the president and council of our said Sovereign Lord the King in his marches of Wales, as also shall be attendant to all precepts and process awarded or directed by the said high justice unto the sheriff of the said county and town of Haverfordwest,
and to make return thereof. And the said sheriff of the said county and XXVIII.
town shall serve all precepts and process directed from the said high 34 & 35 H. justice, in like manner and form as the sheriff
of the said county of VIII. c. 26. Pembroke is bound to do, and according to the effect and purport of the
King's ordinances in that behalf had, made and provided. And that it
pleasure, according to the laws of the realm of England, and not otherThe judicial
wise. And that the judicial seal of the said shires of Pembroke, Caerscal of Pem- marthen and Cardigan, being in the custody and keeping of the King's broke, &c. high justice there for the time being, shall be used in the said county and
town of Haverfordwest, as the original and judicial seal of the said town
CXXV. Provided alway, That this article touching and concerning
sure, and none otherwise. This Act pre
CXXVI. Provided alway, That this Act or any thing therein conjudicial to no tained shall not be prejudicial nor hurtful to any person or persons, or man's inherit- bodies politic, for or concerning any lands, tenements, rents, services,
bondmen, tolls or other hereditaments; but that they and every of
made. Every of the
CXXVII. Provided also, That this Act nor any thing therein conKing's officers tained shall be hurtful or prejudicial to any person or persons for or may enjoy his concerning any office or offices, which they or any of them have by office and fees virtue of any of the King's letters patents, being now in force before as he didbefore. the making of this Act, nor to the fees of money used and accustomed
to be paid for the exercise of any such offices, but that every person
had ne made. No gavelkind
CXXVIII. Provided always, That all lands, tenements and hereditaland, but de
ments, within the said dominion of Wales, shall descend to the heirs, scendible ac
according to the course of the common laws of the realm of England,
or concerning the offices of stewardships of the King's lordships, or
the said offices or any of them ; but that the said George, his deputy No. and deputies, shall and may at all time and times, during the life of the XXVIII. same George, have, hold, exercise and enjoy the same offices, and every 34 & 35 H. of them, and also perceive, levy and take the fees, wages, rewards, and VIII. c. 26. all other profits and commodities to the same offices, and every of them, or to any of them belonging, or in any wise appertaining, in as large and ample manner, form and condition, to all' intents, constructions aod purposes, as though this Act had never been bad or made ; any thing before in this Act contained to the contrary notwithstanding
CXXX. Provided always, That all liberties, franchises and privileges All liberties of of the duchy of Lancaster, or in any wise appertaining to the same,
the duchy used shall be of the same force, plight, quality, goodness and condition, and as before. may be used in as large and ample manner, as they were before the making of this Act, and as if this Act had never been had nor made, any thing in this Act to the contrary thereof notwithstanding (1)
[ No. XXIX. ] 1 Edward VI. c. 10.-The Bill for Exigents
and Proclamations in Wales, and in the County Pala
tine of Chester. W HERE in the High Court of Parliament holden at Westminster i Edward VI.
in the seven and twentieth year of the most prosperous reign of 'the late famous King Henry the Eighth, by the assent of the Lords 27 H. 8. c. 26. • Spiritual and Temporal, and the Commons, assembled in the said • High Court of Parliament, it was enacted and established by authority of the same Parliament, That his Highness dominion and principality of Wales, and all manors, lands, tenements, and other dominions ' within the said dominion and principality of Wales, should be divided • into twelve shires or counties, that is to say, the shires or counties of
Glamorgan, Radnor, Brecknock, Caermarthen, Pembroke, Cardigan, • Merioneth, Montgomery, Flint, Caernarvon, Anglesey and Denbigh ; • In every of which said counties and shires, amongst the officers yearly * appointed, it was then ordained, that there should be distinct and se' veral sheriffs yearly; And also where the counties palatine of Chester, ' and of the city of Chester, be ancient and several counties palatine of
themselves, in all which said counties the King's writ hath not nor yet • doth run; so that the proclamation awarded upon any exigent against any person or persons in any action wherein process of outlawry doth
lie, according to the statute made in the sixth year of the reign of the • said late King, cannot be directed unto the sheriff or sheriffs of any of the said shires or counties, but unto the sheriff of the county next ad
joining: So that the party dwelling in any of the said shires or counties against whom any such exigent and proclamation shall be so 'awarded, shall not, nor can have any knowledge of the same suit or process, by reason whereof many of the persons inhabiting in the said shires or counties, without knowledge or cause of suit, have 'been wrongfully and unjustly outlawed to their utter undoing.'
II. Be it therefore, and for divers other good considerations, by the Exigents and King our Sovereign Lord, with the assent of the Lords Spiritual and proclamation Temporal, and the Commons, in this present Parliament assembled, and shall be award
(1) Mr. Barrington observes, that the jus- it appears that Roger Vaughan was Chancellor tices of the Great Sessions have so long exer- of Brecknock, but Walter Devereux, Viscount cised the power of deciding causes in a court Hereford, was at that time justice ; Sir John of equity, that it cannot now be disputed: but Salisbury was likewise then Chancellor of North that how they originally obtained this juris- Wales, and William Cook, justice : so that the diction is rather dark, as in the present statute, offices in that reign were considered as distinct. which most particularly enumerates every of: -It is to be remarked, that in stat. 27 Hen. ficer in the courts of law, there is no mention VIII. c. 26, (the last Number) sec. 9, it is promade of any officer for the courts of equity. vided, that there shall be a Chancery at Brecke He also takes notice, that bya manuscript of all nock and another at Denbigh. the King's officers in the first of Queen Mary,