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, form and condition, as if the said Act had never been had or made.

c. 26.

c. 26.

[ 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

shall be made

in Wales by the

officers there.

Wales divided into twelve shires.

Limitation of hundreds by commission.

President and council.

UR Sovereign Lord the King's Majesty, of his tender zeal and affection that he beareth towards his loving and obedient subjects of his dominion, principality and country of Wales, for good rule and order 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.

II. First, That his grace's said dominion, principality and country of Wales be from henceforth divided into twelve shires; of the which eight 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.

III. Item, That the limitations of the hundreds, of late made within the said shires by virtue of his grace's commissions directed out of his 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 made. be and remain a president and council in thing relative to this most excellent law; and that therefore the inhabitants of the principality must for ever remain ignorant of the name of their greatest patriot and benefactor." -It will be seen by note to sect. 4, that the remark as to the statute never having required an explanation is not perfectly correct.

IV. Item, That there shall

(1) Mr. Barrington observes on this Act, that it contains a most complete code of regulations for the administration of justice, with such precision and accuracy, that no one clause of it hath ever yet occasioned a doubt or required an explanation." He adds, that "though the calendar of the Lords' journals begins with the first year of this reign, he cannot find any

No. XXVIII.

34 & 35

the said dominion and principality of Wales, and the marches (1) of the same, with all officers, clerks and incidents to the same, in manner and form as hath been heretofore used and accustomed ; which president and 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 accustomed and used.

c. 26.

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.

ter.

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 under the said Great Seal, shall stand in force and effect according to the tenor of the same, unless it shall please the King's Majesty hereafter to alter or change them or any of them; this present article last before expressed in any wise notwithstanding.

as

XII. Item, That every of the said justices, within the limits of their commissions and authorities to them appointed as is aforesaid, shall hold all manner of pleas of the crown at and in the said sessions, in large and ample manner as the King's Chief Justice in England, and 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 marches in Bacon's law tracts. It was contended by Bacon, as solicitor general, that the term marches in this section extended to the counties of Hereford, Worcester, Salop and Gloucester. The contrary was maintained by serjeants Hulton and Harris. It appears by 2 Inst. p. 242, that it was held by all the judges

Commissions already granted to stand in force.

Of what things the justices in Wales mayhold

plea.

that those counties were not within the jurisdiction of the president and council of the marches. The question has become immaterial by the abolition of that court; but the argument of Bacon deserves attention, as containing some very judicious principles respecting the general exposition of statutes.

No. XXVIII.

34 & 35 H.

VIII. c. 26.

Sessions shall endure sixdays.

Days in court.

Original seals in whose custodythey shall be.

What shall be

sealed with the original seals,

The authority of the keepers of the seals,and to what only purposes they

shall use them.

The keeper of the seals may

concealments, contempts, and all other offences and evil deeds, of what natures, names or qualities soever they be, done, committed or perpetrated within the limits of their commissions and authorities, against the form of the common law of the realm of England, or of any statutes of the 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 subjects within the limits of their commissions and authorities, according to the laws, statutes and customs of the realm of England, and according to this present ordinance.

XIV. Item, That every of the said sessions shall be kept and continued by the space of six days in every of the said shires at either of the said times, as is or hath been used within the said three shires of North Wales; and that the said justices shall cause open proclamations to be made in the shire-towns what time and place they purpose to keep their said sessions, fifteen days at the least before they keep the same, to the intent the King's subjects may have knowledge thereof.

XV. Item, That days shall be given in all pleas, plaints, process and adjournments, from day to day and sessions to sessions, by the discretion of the said justices within the limits of their authorities, for the good and speedy ministration of justice to all and singular the King's subjects, as is or hath been used in North Wales.

XVI. Item, That one original seal, devised by the King's Highness for justice to be ministered in the said three shires of North Wales, that is to say, the shires of Merioneth, Caernarvon, and Anglesey, shall be and remain in the charge, keeping and custody of the chamberlain of North Wales.

XVII. And that one other original seal, devised by the King's Majesty for ministration of justice, to be used in the said three shires of Caermarthen, Pembroke, and Cardigan, shall be and remain in the charge and keeping of the chamberlain of South Wales.

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 Breck

nock.

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 seal 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.

XXI. Item, That the said stewards and chamberlains shall seal with the said seals, that is to say, every one of them shall seal with the seal to his charge committed, all manner of original writs and process, returnable before the said justices at the sessions to be holden in every of the said shires, in manner and form as is aforesaid, and shall severally account and answer the King's Majesty for the profits of the same seal : And that none of the said stewards, chamberlains or chancellors, having the charge and keeping of the said seals, shall by occasion thereof, or by colour of any of their offices, compel or cause any person or persons inhabiting within any of the said twelve shires, to appear before themselves 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, otherwise than in this ordinance is limited and expressed; but shall have the charge and keeping of the said seals, to seal all such original writs and process as shall be returnable before the said justices in their said sessions, as is before specified, and as hereafter shall be declared; which writs and process shall be used, made, sealed and returned, in manner and form as hath been used before the justice of North Wales.

XXII. Item, That all such persons as now be or hereafter shall be the

1

No. XXVIII.

34 & 35 H. VIII. c. 26.

King's Highness stewards, chamberlains or chancellors, within any of the said twelve shires, which by reason of their said offices have charges for the receipt, collection or accompt, of and for the King's rents, revenues, farms, or profits, to be due to his Majesty within the said dominion 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 fore themselves, to answer to and for any the King's revenues, farms, rents or profits, and for none other causes, nor against any other person or persons, in like manner and form as they have been accustomed themselves. in that case to do.

be

XXIII. Item, That all stewards of any lordships or manors in Wales shall and may keep and hold such leets, lawdays or court barons, as appertaineth and belongeth to the lordships and manors whereof they be stewards, and hold pleas by plaint under the sum of xl. 8. in every such court baron, and have and enjoy all other authorities, commodities and profits as stewards of leets, lawdays and court barons in England commonly 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, nor any of them, nor the sheriff of the said counties in Wales, shall have any power or authority to enquire of any manner of felony in any such leet, lawday or torn, within the said dominion to be holden.

XXV. And that from henceforth no leet nor lawday be kept by the 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 towns in Wales, may hold pleas and determine actions, and do every other thing concerning common justice, according to their lawful grants and laudable customs of such towns; so always they follow the course, trade and fashion of the laws and customs of the realin of England, 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 jomed, 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 aforesaid, That forasmuch as there be divers and many small boroughs and towns corporate within the said dominion of Wales, whereof many have their commencement by grants made from the lords marchers, and some 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 his 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 his most gracious goodness, that such as have patents of any office of stewardships, chamberlainships, chancellorships or justiceships, within the said dominion of Wales, for term of their lives, shall have and enjoy their certain, ordinary and annual fees of money, used and ac

award process

against accomptants, re

turnable before

No. XXVIII.

34 & 35 H.

VIII. c. 26.

There shall be four judicial seals, in whose custody they shall be, and

what shall be sealed with them.

Account for the profit of the seal.

Teste of every process,

What process shall be sealed with the origi

nal seal.

Personal actions of xl.s. or above.

Personal actionsunder xl.s.

Original bill concerning ac tions personal.

Fees for writ

ing and sealing of writs and bills.

customed to be paid and born by the King's Highness, by virtue of any their letters patents, during their interest therein, but in no wise to take or claim any casual fees claimed by colour of their offices, contrary to this present ordinance; any custom in Wales, or any thing in this Act to the contrary notwithstanding.

XXIX. Item, Over and besides the said original seals, there shall be four judicial seals devised by the King's Majesty, whereof one shall remain with the justice of Chester, which is appointed by this Act to be justice of the shires of Flint, Denbigh and Montgomery, to be used within the said shires, to seal all judicial process and bills that shall be sued before the said justice, in the sessions to be holden within the same shires: And that one other of the said judicial seals 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 remain in the custody and charge of the justice of the three shires of Glamorgan, Brecknock and Radnor: And the fourth of the said seals shall remain in the charge and custody of the justice of the said three shires of Pembroke, Caermarthen and Cardigan: And the said justices shall seal with the said judicial seals, that is to say, every of them with the seal committed to his charge and custody, as well all bills, as all other judicial process, that shall be sued before them in the said sessions, upon any original bills or writs; and all other process that shall be awarded from any of the said justices shall be sealed with the said judicial seal.

XXX. Item, That every the said justices shall account and answer to the King's Majesty for the profits of the said seal being in his charge and custody, in manner and form as hereafter shall be declared.

XXXI. Item, That the teste of every bill and judicial process that 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 shall pass, in like manner and form as is used in the common place in England.

XXXII. Item, That all actions real and mixt, attaints, conspiracies, assizes and quare impedit, appeals of murder and felony, and all actions grounded upon any statutes, shall be sued by original writs, to be 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.

XXXIII. Item, That all manner of personal actions, as debt, detinue, trespass, accompt and such like, amounting to the sum of xl.8. or above, shall be sued by writs original, to be obtained and sealed as is aforesaid, or by bills, at the pleasure of the party suing the same, before the said justices within the limits of their authorities, as is used in North Wales.

XXXIV. And that all personal actions under the sum of xl.s. that is 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.

XXXV. And that every original bill concerning actions personal, shall be sealed with the King's judicial seal, being in the custody of the said justice before whom such personal actions by bill shall be brought and commenced.

XXXVI. And that such fees shall be paid for the writing and sealing of such original writs and bills as hereafter shall be expressed, that is to say, for the sealing of every original writ to be sued in and upon the causes aforesaid, and for every bill to be pursued in actions personal, whereof the debt and damage amounteth to the sum of xl.s. or above, the parties pursuing the same shall pay for the seal of every such writ or bill, vi.d. And for every judicial process to be sued upon any such original writ or bill, the parties pursuing such judicial process shall pay for the sealing thereof vii d. whereof the King's Ma jesty shall have vi.d. and the justice sealing such judicial process shall bave i.d.