Statutes made at Westminster, Anno 34 & 35 HEN. VIII. and Anno Dom. 1542-3.

Laws in Wales Act, 1542

1542 (34 & 35 Hen. 8) C A P. XXVI.

ARRANGEMENT OF SECTIONS

Section

'A C T S made in the Session of this present Parliament holden upon Prorogation at Westminster the two and twentieth Day of January in the four and thirtieth Year of the Reign of our most dread Sovereign Lord Henry the Eighth, by the Grace of God, King of England, France and Ireland, Defender of the Faith, and of the Church of England, and also of Ireland, in Earth the Supreme Head, and there continued and kept to the twelfth Day of May in the five and thirtieth Year of our said Sovereign Lord, to the Honour of God, and for the common Weal and Profit of this his Realm.'

An Act for certain Ordinances in the King's Dominion and Principality of Wales.

'O U R 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 Shire; (2) of the which eight have been Shires of long and ancient Time, That is to say, The Shires of Glamorgan, Caermarthen, Pembroke, Cardigan, Flint, Caernarvan, Anglesey and Merioneth;(3) and four of the said twelve Shires be newly made and ordained to be Shires, by an Act made at the Parliament holden at Westminsterin 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 Glocester, 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.

IV. Item, That there shall be and remain a President and Council in the said Dominion and Principality of Wales, and the Marches of the same, with all Officers, Clerks and Incidents to the same, in Manner and Form as hath been heretofore used and accustomed; (2) 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 be assigned to them by the King's Majesty, as heretofore hath been accustomed and used.

V. Item, That there shall be holden and kept Sessions twice in every Year, in every of the said Shires in the said Dominion and Principality of Wales, that is to say, in the Shires of Glamorgan, Brecknock, Radnor, Caermarthen, Pembroke, Cardigan, Montgomery, Denbigh, Flint, Caernarvan, 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 and 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 and keep Sessions twice every Year, in every of the said Shires of Caernarvan, 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 England, by the King's Majesty to be named and appointed, shall be 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, to be appointed as is aforesaid, shall be Justice of the Shires of Caermarthen, 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, or that hereafter shall be, shall have several Letters Patents and Commissions 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.

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 as 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; (2) and also to hold Pleas of Assises, 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, 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, (2) 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 ministred in the said three Shires of North Wales, that is to say, the Shires of Merioneth, Caernarvan 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 Brecknock.

XIX. And that also one other original Seal, devised by the King's Majesty for Ministration of Justice to be ministred 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 ministred 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, (2) and shall severally account and answer the King's Majesty for the Profits of the same Seal: (3) 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; (4) 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 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 before 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 in that Case to do.

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, (2) and hold Pleas by Plaint under the Sum of xl. s. in every such Court Baron, (3) 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; (2) so always they follow the Course, Trade and Fashion of the Laws and Customs of the Realm of England, and not of any Welsh Laws or Customs. (3) And that in every of the said Towns they may try all Issues joined, or hereafter to be joined, 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, (2) 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, (3) 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 accustomed to be paid and born by the King's Highness, by Virtue of any their Letters Patents, during their Interest therein, but in so 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: (2) 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: (3) 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: (4) And the fourth of the said Seals shall remain in the Charge and Custody of the Justice of the said three Shires ofPembroke, Caermarthen and Cardigan: (5) 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, Assises 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. s. 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. (2) 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 Majesty shall have vi. d. and the Justice sealing such judicial Process shall have i. d.

XXXVII. Item, That every Bill in personal Action, whereof the Debt, Duty or Damage amounteth not to xl. s. and all manner judicial Process to be sued upon the same, shall also be sealed with the King's said Judicial Seal; (2) and the Parties pursuing the same shall pay for the Seal of every such Bill and judicial Process thereupon to be sued, iij. d. whereof the King's Majesty to have ii. d. and the Justice sealing such Process to have i. d.

XXXVIII. Item, That all Writs of Scire facias, and Writs of good Abearing, or for the Peace, or Writs of Supersedeasupon the same, and all other Process to be sued from the said Justices, upon any Record or Suggestion admitted by any of the said Justices within the Limits of their Authorities, shall also be sealed with the said judicial Seal; (2) and that the Parties pursuing the same, shall pay for the Seal of every such Writ and Process vij. d. whereof the King's Highness shall have vj. d. and the Justice by whom such Process shall be sealed i. d.

XXXIX. And that every Exemplification upon any Record before any of the said Justices, shall be sealed with the King's said judicial Seal; (2) and the Parties pursuing the same shall pay for the Seal thereof xx. d.whereof the King's Highness shall have xvi. d. and the Justices sealing the same iv. d.

XL. Item, That Recoveries and Fines of Record, and Warrants of Attorney for the same, shall and may be taken before every of the said Justices, of Lands, Tenements and Hereditaments within his Authority, by Force of his general Commission, without any Writ of Dedimus potestatem to be sued for the same, in like Manner and Form as is used to be taken before the King's Chief Justice of his Common Place in England.

XLI. Item, That all Fines hereafter to be levied before any of the said Justices, with Proclamation made the same Sessions that the said Fine shall be engrossed, and in two other great Sessions then next to be holden within the same County, shall be of the same Force and Strength to all Purposes, as Fines levied with Proclamations be of, that be levied before the Justices of the Common Place in England.

XLII. Item, That every Person suing Writs of Entry in the Post, or Writs of Covenant, or any other Writs, for any Recovery to be had by Assent of Parties, or otherwise, or for any Fine to be levied, shall pay such Fines to the King's Use for the same, as well Fines pro licentia concordandi, as all other Manner of Fines, as is used in the King's Chancery, or elsewhere in any of the King's Courts of England, (2) which Fines shall be paid to such Persons as shall seal the original Writs for that Purpose, and that they shall account for the same in like Form as they shall do for the Profits of the said original Seal, as is aforesaid.

XLIII. Item, That the King's Silver, upon every Fine to be levied, shall be paid as is used in the Common Place of England, that is to say, ij. s. (2) which King's Silver shall be paid to the Justice afore whom such Fine shall be levied; whereof the King's Highness shall have xx. d. and the Prenotary entring the same shall have ij. d. and the Justice afore whom such Fine shall be levied other ij. d. (3) and that the same Justice shall account for the King's Part thereof, like as he shall for the Profits of the King's judicial Seal committed to his Charge, in Manner and Form as is aforesaid.

XLIV. Item, There shall be four Prenotaries for the making of all judicial Process, and for the Entring of all Pleas, Process, and Matters of Record, in the Sessions to be holden before the said Justices, whereof one of the said Prenotaries shall attend upon the said Justice appointed for the three Shires of North Wales, (2) and one other shall attend upon the Justice assigned for the three Shires of Flint, Denbigh and Montgomery; (3) and the third shall attend upon the Justice assigned for the three Shires of Caermarthen, Cardiganand Pembroke; (4) and the fourth of the said Prenotaries shall attend upon the Justice assigned for the three Shires of Glamorgan, Brecknockand Radnor: (5) And these four Prenotaries, as often as their said Offices shall be void, shall be named and appointed by the King's Highness, by his Majesty's Letters Patents under his great Seal of England. (6) And where one John Arnold, Gentleman, hath the Office of Prenotary and Clerkship of the Crown, by the King's Highness Letters Patents, within the said three Shires of North Wales; and that one John Breckenhead hath the Office of the Prenotary, and Clerkship of the Crown by the King's Letters Patents, within the said Shire of Flint; and that likewise one John Leonardhath the Office of the Prenotary and Clerkship of the Crown, by the King's Letters Patents, within all the Residue of the said Dominion of Wales; the King's Majesty is pleased and contented, that the said three Prenotaries shall have, use, and enjoy their said Offices according to the Effect of the said Letters Patents to them thereof made, doing their Duties and Attendance by themselves or their sufficient Deputies, at every of the said Sessions to be kept within the Shires whereunto they be so appointed.

XLV. Item, There shall be a Marshal and a Crier in every of the said Circuits and Limits allotted to the said Justices, which shall be named by the said Justices within the Limits of their Authority and Commission, in like Manner and Form as Justices of Assise do in England: (2) And the said Officers shall attend upon the said Justices in their Circuits in their own proper Persons, and not by their Deputies.

XLVI. And that the Marshal shall have, upon every Judgment and every Fine, iv. d. and the Crier i. d.(2) And upon the Acquittals of Felons, and of them that shall be delivered by Proclamation, or delivered out of common Mainprise before any of the said Justices, the Marshal shall have iv. d.and the Crier i. d.

XLVII. Item, That every of the said Prenotaries, within the Limits of their Offices, shall take such Fees as hereafter shall be expressed; that is to say, For the writing of Pleas, and engrossing of Writs of Entry, in the Post, Writs of Right, Quod ei deforceat, or any other Writs pursued by the Assent of the Parties, v. s. (2) and if it be with a double Voucher, then vi. s. viij. d. (3) and for the Exemplification thereof ij. s. (4) and for the engrossing of Fines, to have for every Fine iij. s. iv. d. and if it be with Proclamations, then iv. s.

XLVIII. Item, For every Bill of Debt, Detinue, Trespass, and all other Actions Personal sued before the said Justices in their Circuits, under the Sum of xl. s. the Prenotaries shall have for the first Bill iv. d. for the second Bill iv. d. and for the third Bill iv. d. (2) and for the Entry of every Declaration, Plea and Bar, Replication, and Rejoinder in and upon every such Action, so that he do inroll the same in Parchment,iv. d. (3) and for every Venire fac', Tales, Habeas corpora, and Distring', for every of them iv. d. and for the Judgment, viij. d. (4) and for every Writ of Execution in every such Action vj. d. (5) and for every Warrant of Attorney in every such Action, as well for the Plaintiffs as for the Defendants, iv. d.

XLIX. Item, In all Actions of Detinue, Trespass, and all other Actions Personal, wherein the Duty, Debt, or Damage amounteth to the Sum of xl. s. or above, which shall be sued by Bills before the said Justices, the Prenotary shall have for the first Bill iv. d. for the second Bill iv. d. and for the third iv. d. (2) and for every of the Declaration, the Answer, Replication and Rejoinder, if it be enrolled in Parchment,viij. (3) and for the Venire fac', Tales, Habeas corpora, and Distring', for every of them vi. d. and for the Judgment viij. d. (4) and for the Warrant of Attorney, iv. d. (5) and for every Writ of Execution upon the Judgments in such Bills vj. d.

L. Item, In original Writs sued upon every Action Personal returnable before the said Justices, the Prenotaries shall have for every Iterum sum', vj. d. (2) for every Distress in Trespass, vj. d. and for the Declarationviij. d. (3) for the Answer, Replication and Rejoinder, for every of them, if they be inrolled and ingrossed as is aforesaid, xij. d. (4) For the Venire fac', Tales, Habeas corpora and Distring', for every of them, vj. d. (5) and the Prenotaries to have for the Entry of the Judgments in every such Action xij. d. (6) and for every Writ of Execution sued upon the same vj. d. (7) for the Exemplification of every Record in any of the said Actions, ij. s. (8) for every Warrant of Attorney, iv. d. (9) In all Actions real and mixt, Assises, Quare Impedit, Appeals of Felony, Murder or Maim, the Prenotary to have for the Declaration or Plaint, ij. s. (10) and for the Plea in Bar, Replication, Rejoinder, Surrejoynder, for every of them, if they be inrolled as is aforesaid, i. s. (11) and for the writing of every Venire fac', Tales, Habeas corp', and Distring' upon the same, for every of them vj. d. (12) and for the Entry of the Judgment, in every of the said Actions and Appeals, ij. s. (13) and for the writing the Writs of Execution made upon every of the said Actions, Appeals and Assises, i. s. (14) And for Writs of grand Cape and petit Cape, and Writs of View, Writs upon Voucher, and all other Writs in every such Action or Actions, xij. d. (15) and for every Warrant of Attorney for the Defendants, or for the Demandants or Plaintiffs, in every such Action Real, Assise, Appeal and Quare Impedit, iv. d. (16) and for the Essoins in every such Actioniv. d. and for the Adjournment ij. d. (17) and for the Bail of every Person of Felony xij. d. and for the Bail for Trespass vj. d. and for the Appearance and Bailing of common Mainprise ij. d.

LI. Item, For writing Writs for the Peace and good Abearing, granted by any of the said Justices in their Sessions, vj. d. (2) and for the entring of every Recognisance to be had and taken before the said Justices, for every Cause or Causes, other than before is expressed, xij. d. and if it be with Condition, thenij. s. (3) and upon every Acquittal and Deliverance of Felons or Murderers, by Verdict or by Allowance of Pardon, the Prenotaries to have ij. s. and if it be upon Indictments certified from the Justices of the Peace, afore the Justices in the great Sessions, the Clerk of the Peace to have also xii. d. (4) and upon the Delivery of any suspect of Felony or Murder by Proclamation, the said Prenotary to have xij. d.

LII. Item, That the King's Majesty shall have all Fines, Issues, Amerciaments, and all Forfeitures of Recognisances, lost or forfeited before any of the said Justices in the Session aforesaid; (2) and that the said Prenotaries, within the Limits of their Offices, shall yearly estreat the same into the Exchequer appointed for that Limit, to the Intent that Process from thence may be awarded to the Sheriffs to levy the same to the King's Use, as appertaineth, (3) which Sheriff shall yearly make their Accompts before the King's Auditors thereunto to be assigned and appointed.

LIII. Item, Over and besides the said President and Council, and Justices, there shall be Justices of Peace and Quorum, and also one Custos Rotulorum, in every of the said twelve Shires.

LIV. Item, That the said Justices of Peace, Justices of Quorum, and Custos Rotulorum in the said Shires, shall be named and appointed by the Chancellor of England, by Commission under the King's great Seal ofEngland, by the Advice of the President, Council, and Justices aforesaid, or three of them, of the which the said President to be one, from Time to Time as the Case shall require.

LV. Item, That there shall not exceed the Number of eight Justices of the Peace in any of the said Shires, over and besides the President, Council, and Justices aforesaid, and the King's Attorney and Solicitor; (2) which President, Council, Justices, and the King's Attorney and Solicitor, shall be put in every Commission of Peace in every of the said twelve Shires.

LVI. Item, That such Persons as shall be named to be Justices of Peace within every of the said Shires, shall be of good Name and Fame; and after they be assigned by Commission, may use and exercise the Office of the Justice of Peace, albeit they may not dispend twenty Pound, nor be learned in the Laws of the Lands, without any Loss, Damage, or Penalties for Insufficiency of their Lands: (2) And that every of the said Justices of Peace, before they shall execute their Commission, shall take their Oaths before the Chancellor of England, or else before the said President, or one of the said Justices in Wales, by Virtue of the King's Writ of Dedimus potestatem, or before any other Person to be limited by the Lord Chancellor ofEngland for that Purpose, the Contents of which Oath shall be after the Form as Justices of Peace in Englanduse to make.

LVII. Item, That the said Justices of Peace, or two of them at the least, whereof one to be of the Quorum, shall and may keep their Sessions, within the Limits of their Commissions, four Times in the Year, and at other Times upon urgent Causes, as Justices of Peace in England use to do; and shall have like Power and Authority in all Things, and Fees of the King's Majesty for the Time of their sitting, as well for themselves as for their Clerks, and shall be bound to use and do their Offices, in like Manner as is used in England.

LVIII. Item, That no Justices of Peace, Clerk of the Peace, nor other Clerk of any Justice of Peace inWales, shall take for the writing of any Warrant of the Peace, or good Abearing, above vj. d. (2) and for entering of Pledges or Boroughs to Pay the King's Fine upon any Indictment, ix. d. and if it be with Protestation, then to take xij. d. (3) and for a Supersedeas not above viij. d. and for a Recognisance xij. d. (4) And that all the said Justice of Peace shall certify all Recognisances taken before any of them for the Peace or good Abearing, into their Sessions next to be holden after the taking thereof; (5) and Recognisance taken before any of them, for Suspicions of any Manner of Felony, shall be certified before the Justices of the great Sessions next to be holden after the taking thereof, without Concealment, Detaining or Imbezling of the same, upon such Penalties and Damages as be therefore ordained and established.

LIX. Item, That all Fines and Amerciaments before the said Justices of Peace lost, and hereafter to be lost, shall be taxed and afferred by two Justices of the Peace at the least, whereof one to be of the Quorum, and that all such Fines and Amerciaments shall be set truly and duly, according to the Quantity of the Offences, without Partiality or Affection.

LX. Item, That the said Fines and Amerciaments, and also all Issues lost before the said Justices of Peace, and all Forfeitures of Recognisances, and other Forfeitures, before the same Justices, shall be yearly estreated by the Clerks of the Peace into the Exchequer appointed for that Limit, to the Intent that Process from thence may be awarded for the levying of the same Forfeitures and Sums of Money to the King's Use, to the Sheriff of every County as shall appertain, who shall make thereof their Accompts before such Auditors as thereunto shall be assigned, so that the King's Majesty may thereof be truly and duly answered and satisfied; which Auditors shall make due Allowance to the same Sheriffs, for the Fees of the Justices and Clerks of the Peace, upon their said Accompts, as is used in the Realm of England.

LXI. Item, That there shall be Sheriffs in every of the said Shires yearly appointed by the King's Majesty; (2) and that none of the said Sheriffs shall have their said Office of Sheriffwick any longer Time than is used by the Laws and Statutes of England. (3) And for the yearly Nomination of the said Sheriffs, the said Lord President, Council, and Justices of Wales, or three of them at the least, whereof the said President to be one, shall yearly nominate three substantial Persons in every of the said twelve Shires, to be Sheriffs of the same, and shall certify their Names to the Lords of the King's most honourable Council, attending upon his Grace's Person, Crastino Animarum, to the Intent the King's Majesty, being thereof advertised, may appoint one of them in every of the said Shires to be Sheriff for that Year, at his most gracious Will and Pleasure, like as his Highness doth for his Realm of England; (4) and thereupon the said Sheriffs shall have their Patents and Commissions under the Great Seal of England, as Sheriffs of England have, and shall make and take Oaths and Knowledges of Recognizances before the President and Justices, or one of them, by Virtue of the King's Writ of Dedimus potestatem to be directed for the same, for the due Execution of their Offices, and for their just and true Accounts before the King's Auditor or Auditors assigned for Wales.

LXII. Item, That every of the said Sheriffs shall have full Power and Authority, within the Limits of their Sheriffwick, to do and use their Offices as Sheriffs in England, and shall accomplish and execute, without any Favour, Dread or Corruption, all manner of Writs, Process, Judgments and Executions, and all manner common Justice appertaining to their Offices of Sheriffs, and all lawful Commandments and Precepts of the said President, Council and Justices of Wales, and also of the Justices of the Peace, Escheators and Coroners, and every of them, in all Things appertaining to their Offices and Authorities.

LXIII. Item, That the said Sheriffs shall do, and be bound to do, all and every other Thing and Things for the Ministration of Justice, and for the Conservation of the King's Peace, and the Apprehension and Repress of Traytors, Murderers, Thieves, Felons and other Offenders, as Sheriffs of England do use and be bound to do within the Realm of England.

LXIV. Item, That the said Sheriffs shall yearly accompt before such the King's Auditor or Auditors, as shall be assigned and appointed by the King's Majesty for his said Dominion of Wales; (2) and that every of the said Sheriffs shall have yearly for his Fee v l.

LXV. Item, That all Mayors, Sheriffs, Stewards, Bailiffs and other Ministers and Officers of Justice of every County, Lordship, Town and Place within the said Dominion of Wales, and all and singular the King's Subjects of the same shall be always obedient, attendant and assisting to the said President, Council and Justices of Wales, and every of them, and shall obey the King's Commandments and Process from them or any of them directed, and all the lawful and reasonable Precepts of the said President, Council and Justices, and every of them, and also shall be obedient to all the said Justices of Peace, Sheriffs and Escheators, within the Limits of their said Authorities, as well for common Administration and due Execution of Justice, as in all other Things appertaining to their Duties and Offices.

LXVI. Item, That Escheators shall be named in every of the said Shires by the Lord Treasurer of England, by the Advice of the said President, Council and Justices, or three of them at the least, whereof the said President to be one; (2) which Escheators shall make and take their Oaths, and knowledge their Recognisances, before the said President, or one of the said Justices, by Virtue of the King's Writ of Dedimus potestatem to be directed for the same, for the due Execution of their Offices, and for their true Accompt to be made before the King's Auditor or Auditors to be assigned for the same; which Oath and Recognizance shall be agreeable to the Oath and Recognizance used for the Escheators in England; (3) and the Escheators shall yearly have their Patents and Commissions under the Great Seal of England, and shall have Power and Authority to exercise their Offices in like Manner and Form as Escheators in England, and shall be bound to all Laws and Statutes of England.

LXVII. Item, That all such Persons as shall be appointed to the said Offices, shall and may exercise their Offices, if they may dispend yearly v. l. of Freehold, any Statutes of England to the contrary thereof notwithstanding; (2) and that every of the said Escheators shall make their Accompts yearly before such Auditor or Auditors as shall be assigned by the King's Majesty, to hear and determine his Highness Accompt for his Revenues and Profits of the said Dominion of Wales.

LXVIII. Item, There shall be two Coroners to be elected in every of the said twelve Shires, as is used in England, by Virtue of the King's Writ De Coronatore eligendo, to be awarded out of the King's Chancery of England; (2) and that the said Coroners shall have like Power and Authority to do and exercise their Offices, and have like Fees, as is limited by the Laws and Statutes of England.

LXIX. Provided always, That the Writ De Coronatore eligende, to choose the Coroners within the said County of Flint, shall be directed out of the Exchequer of Chester.

LXX. Item, That the said Justices of the Peace, or two of them at the least, whereof one of them to be of the Quorum, shall appoint and name, in every Hundred within the Limits of their Commission, two substantial Gentlemen or Yeomen, to be the chief Constables of the Hundred wherein they inhabit; (2) which two Constables of every Hundred shall have a special Regard to the Conservation of the King's Peace, and shall and may do and use their Offices in all and singular Things, as is used by the High Constables of the Hundreds in England, and shall be bound to all Things as the High Constables of the Hundreds in Englandbe bound to do.

LXXI. Item, That every of the said Sheriffs shall have a Gaol for Prisoners within some convenient Place of the Castles of the Shire-towns where he is Sheriff, or in such other convenient Place, as by the said President, Council and Justices, or three of them, whereof the said President to be one, shall be appointed: any Patent or Grant heretofore made to any Person or Persons of the Constableship or Keeping of any of the said Castles in any wise notwithstanding. (2) And that the Sheriff shall make the Bailiffs of the Hundreds, and they to attend upon the Justices in every of their Courts and Sessions.

LXXII. Provided always, That the Constables of the King's Castles within every of the said Shire-towns of Wales shall not be charged with the Gaols, and of all the Prisoners that shall be committed to their Ward, like as they have heretofore been, until such Time, convenient Places for that Purpose be assigned to the said Sheriff.

LXXIII. Item, The said Sheriffs shall keep their Counties monthly, and their Hundred Courts for Pleas under xl. s.as is used in England; (2) and shall take for the entering of Plaints, Process, Pleas and Judgments in the said Shire-courts and Hundreds, such small Fees as is used to be taken in Shires and Hundreds in England, and not above.

LXXIV. Item, That all manner of Trials before them in their said Courts, or before any Stewards in Court-Barons, shall be by Wager of Law, or Verdict of six Men, at the Pleasure of the Party Plaintiff or Defendant that pleaded the Plea.

LXXV. And that every of the said Sheriffs shall keep and hold their Torns yearly after Easter and Michaelmas, as they have been used in England.

LXXVI. Item, The King's Highness shall have all manner of Fines, Issues, Amerciaments, and Forfeitures lost or forfeited in any of the said Counties, Hundreds, Courts and Torns, to his own Use, and the Sheriff to account for the same accordingly.

LXXVII. Item, That the Estreats of the said Torns, Counties and Hundreds shall be viewed, and the Fines, Issues and Amerciaments afferred by the said Justices of Assises of that Circuit, before the levying of the same Amerciaments or other Forfeitures; (2) and that no Sheriff, or any of his Officers, presume to gather or levy any such Amerciament, or other Forfeiture, before the said Estreat be so afferred, upon Pain to forfeit to the King's Use xl. s. (3) And that the Sheriff upon every Judgment had before him in his County or Hundred Court, in any Plaint under xl. s. shall and may award a Capias ad statisfaciendum, to arrest the Party condemned, or else a Fieri fac', at the Liberty of the Party pursuant.

LXXVIII. Item, That all Bills sued before the said Justices in personal Actions, whereof the Debt, Duty or Damage is under xl. s. the Sheriffs shall have for the Return of every Bill ij. d. (2) and every Venire fac', Tales, Habeas corp', and Distr', ij. d. and for Writs of Execution upon the Judgment in any such Bill, xij. d.

LXXIX. Item, In Bills sued before the said Justices in Actions personal above the Sum of xl. s. the Sheriff shall have, for the Return of every such Bill, iv. d. and for the Return of every Venire fac', Habeas corp', Distr' and Tales, iv. d. and for every Writ of Execution ij. s. (2) And in all personal Actions sued by original Writs returnable before the said Justices, the Sheriff shall have for every Iterum sum' Distr'and alias Distr', iv. d. and for every Venire fac', Habeas corp', Distr'and Tales, vj. d. and for every Writ of Execution to be executed upon the Judgment in such Actions, ij. s. For the serving of every Writ ofElegit, vj. s. viij. d.(3) And in all real Actions, or mixt, pursued before the said Justices by original Writ, for Return of every Original, ij. s. and for the Return of every other Writ and judicial Process depending upon the same, before Judgment, ij. s. and for every Writ of Execution after Judgment, upon every Original, in Actions real or mixt, ij. s. and for the serving of every Writ of Haberi fac' seisinam, vj. s. viij. d.

LXXX. Item, For Attachments upon Capias, or other Process sued before the said Justices by original or judicial Writ, if he return Cepi Corpus, ij. s. and for a Reddit se, upon an Exigent of Felony, in Appeal of Murder or Maim, or upon any Indictment of Felony or Murder, ij. s. (2) and upon a Reddit se, upon an Exigent of Debt, Trespass, Detinue, and all other Actions personal, i. s. (3) and for the making ofReplegiar', i. s. and Withernam upon the same, i. s. (4) For the Return of every Writ of Appeal of Murder or Felony, or Maim, i. s. and upon all other Process grown upon the same, as Venire fac', Tales, Habeas corp' and Distr', i. s. (5) and in every Action taken before the Sheriff by Justices, for the Summons thereof,iv. d. and for every other Process thereupon, iv. d. and for every Prisoner delivered by Acquittal, or by Proclamation, for any manner of Felony, i. s.

LXXXI. Item, That every Sheriff, within the Limits of his Authority, may and shall put such Persons under common Mainprise, as they have reasonable Cause of Suspect, according to the said Act made forWales, binding such as they shall so put to common Mainprise with two sufficient Sureties with them, by Recognisance, to appear before the said Justices within the Limits of their Authorities, at the next great Sessions, to be holden next after the taking of such Bonds, and shall certify the Names of them that be bound, before the said Justices at the said Sessions accordingly, without Concealment thereof, at their Pleasure.

LXXXII. Item, That every Person that the Sheriff taketh to common Mainprise, to appear before the said Justices as is aforesaid, shall pay for his Mainprise ij. d. and not above; (2) and the said Sheriffs to put no Man to common Mainprise, but such as be suspect, and as shall be returned by them before the said Justices at their Sessions as is aforesaid. (3) And also the said Sheriff shall have, for the Return of a Writ of false Judgment, out of a base Court, before the said Justices, ij. s. and that the said Sheriffs shall take no manner of Fee for the Return of any of the said Writs of Execution afore expressed, unless he return the same executed.

LXXXIII. Item, That in all and every such Writs, Original or Judicial, or other Process, Pleas or Writings, which be not expressed in this Ordinance, the Fees thereof, as well for the Seals as Writing, shall be rated by the said President, Council and Justices, or three of them, whereof the said President to be one, by their Discretions from Time to Time, as the Case shall require; (2) and that they shall have full Power and Authority from Time to Time to assess and appoint what Fee the said Sheriffs, Escheators and Coroners and their Ministers, Prenotaries and their Clerks, and other Ministers of Justice in the said Shires, shall have, take and receive of the King's Subjects for any manner Writs, Plaints, Pleas, Process, Returns, or any other Matter or Thing concerning or belonging to the Execution of their Offices and Rooms, and to augment or diminish any Fee or Fees above declared, as shall be thought by their Discretions to be convenient and meet for the Commonwealth of the King's Subj