fully recovered against them by the order of the King's laws, or by decree of the president and council there.

No. XXVIII. 34 & 35 H.

VIII. c. 26.

CIII. Item. In actions personal, taken and pursued before the said justices in Wales, by original writ or bill, if nine of the jury be sworn to try the issue between the party-plaintiff and the defendant, and the residue of the said jury make default, or be tried out: Then the sheriffs shall 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 between them, as before the justices of North Wales hath been afore used and accustomed in such cases.

cumstantibus.

No sale of sto

len goods shall change the property.

CIV. Item, That if any goods or chattels be stolen by any person or persons, and sold in any fair or market within the said dominion of Wales, that no such sale shall change the property thereof from the owner of the same, but that he may lawfully seize, take and have the 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 or fair, unless he can bring forth sufficient and credible witness of the 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.

cattle out of the market.

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 fee-simple or fee-tail, or for term of life, or for term of any other man's life, being freehold, shall and may pass in all manner juries and trials, as 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 his 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 dispend forty shillings by the year of estate of freehold.

CIX. Item, The tenants and resiants in Wales shall pay their tallage at the change of their lords in such places, and after such form as hath been heretofore accustomed in Wales. CX. Item, That all the King's subjects and resiants in Wales shall find, at all Parliaments hereafter to be holden in England, knights for the shires, and citizens and burgesses for cities and towns, to be named and 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 chargeable to all subsidies and other charges to be granted by the Commons of any of the said Parliaments, and pay all other their rents, farms, customs and duties to the King's Highness, as they have been accustomed heretofore; fines for redemption of sessions only excepted, which the King's Majesty of his most gracious goodness and liberality is contented and pleased to remit, at the humble suit of his said loving subjects of his said dominion of Wales.

A freeholder may pass in any

jury.

Juror inattaint.

Tallage at the change of lords.

Knights for shires, burgesses.

27 H. 8. c. 26. Subsidies and charges.

Fines for redemption of sessions re

mitted.

Haverford a

CXI. Item, That the town of Haverfordwest shall after the end of this 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. XXVIII.

34 & 35 H.

VIII. c. 26.

In what courts errors in Wales shall be redressed.

False judg

ment.

Process for

saving always the rights and interests of every of his subjects having lawful title to have the same.

CXIII. Item, That all errors and judgments before any of the said justices at any time of the great sessions, in, pleas real or mixt, shall be 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, as other writs of error be in England. And that all errors in pleas personal shall be reformed by bills to be sued before the said president and council of Wales, from time to time, as the party grieved will sue for the same. And if in case the judgment be affirmed good in any of the said writs of error or bills, then there to make execution, and all other process thereupon, as is used in the King's Bench of England: And that the pursuants in every such writ of error or bill do pay like fees therefore as is used in England.

CXIV. Item, That no execution of any judgment given or to be given in any base court be stayed or deferred by reason of any writ of false judgment, but that execution shall and may be had and made at all times before the reversal of the said judgment, the pursuit of the said writ notwithstanding. And in case the said judgment happen after to be reversed, then the party pursuant to be restored to all that he hath lost by the said judgment, according to the laws of the realm of England.

CXV. 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 in England, as heretofore hath been used; any thing in this Act to the contrary thereof notwithstanding.

Bewdley shall be within the

county of Wor

cester.

Llanstiffan, Langham and Usterloys shall be within the county of Caermarthen.

The King may add and alter laws and ordinances.

CXVI. Item, That the town of Bewdley, which is within the parish of Ribbesford in the county of Wigorn, and all the ground and soil of the same town, shall from henceforth be united, annexed and made parcel of the county of Wigorn, and to be within the hundred of Dodingtre. And that all the inhabitants of the said town and parish shall from henceforth be attendant, and do every thing and things with the inhabitants of the said hundred, as the same inhabitants be now bound to do by the laws of this realm of England. Saving always to the burgesses and inhabitants of the said town of Bewdley all such liberties and franchises as they lawfully had and exercised within the said town before the making of this Act, in like manner and form as though this Act had never been had nor made.

CXVII. Item, That the lordship of Llanstiffan, Usterloys and Langham, and the members of the same, and all manors, lands, tenements, and other hereditaments in the same lordship, and the members of the same, be from henceforth united, annexed, joined, named, accepted and taken as part and parcel of the county of Caermarthen, and reputed, joined, united, named, accepted and taken as part and parcel of the hundred of Derles, in the said county of Caermarthen. And that the tenants and inhabitants of the said lordships and members be attendant, and do every thing and things with the tenants and inhabitants of the said hundred of Derles, as the said inhabitants now be bound to do, according to the laws there used.

CXVIII. Item, That the county or shire court of the county of Radnor shall from henceforth be holden one time at New Radnor, and one other time at Preston, alternis vicibus and never from henceforth to be kept or holden at Rather Gowey; any former Actor thing to the contrary thereof notwithstanding.

CXIX. Item, It is further enacted by the authority aforesaid, That the King's most royal Majesty shall and may, at all times hereafter, from 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 is shall be thought convenient; and also to make laws and ordinances for repealed 21Jac. the common wealth and good quiet of his said dominion of Wales and 1. c. 10. § 4. his subjects of the same, from time to time, at his 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 eontrary thereof heretofore made in any wise notwithstanding.

CXX. And that all such alterations of the premisses, or any part thereof, and all such laws and ordinances to be hereafter made, devised 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 aforesaid, That where the King's Majesty that now is, by his letters patents bearing date the first day of May in the thirty-fourth year of his most prosperous reign, demised and granted to William Webbe the subsidy and usage of all woollen clothes made or to be made in the county of Monmouth, and in the twelve shires of Wales, that is to say, in the county of Brecknock, Radnor, Montgomery, Caermarthen, Glamorgan, Pembroke, Cardigan, Anglesey, Flint, Denbigh, Caernarvon and Merioneth, and iu 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, eb. 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 xvij. yards and above j.d. of every piece of kersey being under xvij. yards, ob.

No.

XXVIII.

34 & 35 H. VIII. c. 26.

How much the King's farmer of the subsidy of woollen cloths in Wales shall take for the sealing of

a cloth.

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

itself.

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 year of his most a county in gracious reign, That where there should be but twelve shires in Wales, that the town of Haverfordwest shall be a county in itself as it hath 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 county 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,

No. XXVIII.

34 & 35 H. VIII. c. 26.

The judicial scal of Pembroke, &c.

This Act prejudicial to no man's inherit

ance.

Every of the

King's officers may enjoy his office and fees as he didbefore.

No gavelkind land, but descendible ac

cording to the course of the

common law.

The offices and

fees of George Blunt reserved.

and to make return thereof. And the said sheriff of the said county and town shall serve all precepts and process directed from the said high justice, in like manner and form as the sheriff of the said county of 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 shall be lawful unto the said mayor, sheriffs, bailiffs and burgesses of the said county and town of Haverfordwest aforesaid, to use and exercise all lawful liberties and grants, by the King's Majesty or his noble progenitors to them granted and confirmed at the King's Majesty's will and pleasure, according to the laws of the realm of England, and not otherwise. And that the judicial seal of the said shires of Pembroke, Caermarthen and Cardigan, being in the custody and keeping of the King's 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 and county. And that the said justice of the said shires of Pembroke, Caermarthen and Cardigan, shall have like power and authority by virtue of the King's letters patents to him made, as well to do all and every thing and things concerning common justice to be ministered within the said town and county of Haverfordwest, as he hath in his said letters patents within any of the said shires of Pembroke, Caermarthen, and Cardigan.

CXXV. Provided alway, That this article touching and concerning the county and town of Haverfordwest, and all things therein contained, shall stand and endure but only at the King's Majesty's will and pleasure, and none otherwise.

CXXVI. Provided alway, That this Act or any thing therein contained shall not be prejudicial nor hurtful to any person or persons, or bodies politic, for or concerning any lands, tenements, rents, services, bondmen, tolls or other hereditaments; but that they and every of them, their heirs, successors and assigns, and the heirs, successors and assigns of every of them, shall have, hold and enjoy their lands, tenements, rents, services, bondmen, and other their hereditaments, in such like manner, form and condition, as they had the same before the making of this Act, and as if this Act had never been had ne made.

CXXVII. Provided also, That this Act nor any thing therein contained shall be hurtful or prejudicial to any person or persons for or concerning any office or offices, which they or any of them have by virtue of any of the King's letters patents, being now in force before 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 and persons having such offices and fees, and their substitutes and deputies, shall and may have and exercise their said offices as is limited by this Act, and as they might have done before the making of this Act, and shall also have and perceive all such fees for the exercise of the said offices, in as large and ample manner, form and condition, as they might afore the making of this Act, and as if this Act had never been had ne made.

CXXVIII. Provided always, That all lands, tenements and hereditaments, within the said dominion of Wales, shall descend to the heirs, according to the course of the common laws of the realm of England, according to the tenor and effect of this Act, and not to be used as gavelkind; any thing contained in these provisions, or any of them, to the contrary thereof notwithstanding.

CXXIX. Provided always, That this Act, ne any clause, article or thing therein contained, be in any wise prejudicial or hurtful to George Blunt, Esquire, son and heir of Sir John Blunt, Knight, deceased, for or concerning the offices of stewardships of the King's lordships, or manors of Bewdley and Clebury, or any other office or offices heretofore granted unto the said George Blunt by the King's letters patents, sealed under the great seal of England, for term of life of the same George, or for or concerning any fees, wages, rewards, annuities, profits, commodities, advantages or emoluments, appertaining or belonging unto

the said offices or any of them; but that the said George, his deputy and deputies, shall and may at all time and times, during the life of the same George, have, hold, exercise and enjoy the same offices, and every of them, and also perceive, levy and take the fees, wages, rewards, and 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 and purposes, as though this Act had never been had or made; any thing before in this Act contained to the contrary notwithstanding.

No.

XXVIII. 34 & 35 H.

VIII. c. 26.

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 Palatine of Chester.

WE

VHERE in the High Court of Parliament holden at Westminster 1 Edward VI. in the seven and twentieth year of the most prosperous reign of

c. 10.

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 justices of the Great Sessions have so long exercised the power of deciding causes in a court of equity, that it cannot now be disputed: but that how they originally obtained this jurisdiction is rather dark, as in the present statute, which most particularly enumerates every officer in the courts of law, there is no mention made of any officer for the courts of equity. He also takes notice, that by a manuscript of all the King's officers in the first of Queen Mary,

it appears that Roger Vaughan was Chancellor of Brecknock, but Walter Devereux, Viscount Hereford, was at that time justice; Sir John Salisbury was likewise then Chancellor of North Wales, and William Cook, justice: so that the offices in that reign were considered as distinct. It is to be remarked, that in stat. 27 Hen. VIII. c. 26, (the last Number) sec. 9, it is provided, that there shall be a Chancery at Breck nock and another at Denbigh.