The Laws to be used in Wales (1535 c.e.)

[Fool Coyote]

Preamble

'ALBEIT the Dominion, Principality and Country of Wales justly and righteously is, and ever hath been incorporated, annexed, united and subject to and under the Imperial Crown of this Realm, as a very Member and Joint of the same, wherefore the King's most Royal Majesty of meer Droit, and very Right, is very Head, King, Lord and Ruler;'
(2) 'yet notwithstanding, because that in the same Country, Principality and Dominion, divers Rights, Usages, Laws and Customs be far discrepant from the Laws and Customs of this Realm,'
(3) 'and also because that the People of the same Dominion have, and do daily use a Speech nothing like, ne consonant to the natural Mother Tongue used within this Realm,'
(4) 'some rude and ignorant People have made Distinction and Diversity between the King's Subjects of this Realm, and his Subjects of the said Dominion and Principality of Wales, whereby great Discord, Variance, Debate, Division, Murmur and Sedition hath grown between his said Subjects;'
(5) His Highness therefore of a singular Zeal, Love and Favour that he beareth towards his Subjects of his said Dominion of Wales, minding and intending to reduce them to the perfect Order, Notice and Knowledge of his Laws of this Realm, and utterly to extirp all and singular the sinister Usages and Customs differing from the same, and to bring the said Subjects of this his Realm, and of his said Dominion of Wales, to an amicable Concord and Unity, hath by the deliberate Advice, Consent and Agreement of the Lords Spiritual and Temporal and the Commons, in this present Parliament assembled, and by the Authority of the same, ordained, enacted and established, That his said Country or Dominion of Wales shall be, stand and continue for ever from henceforth incorporated, united and annexed to and with this his Realm of England;

The Laws of England shall be used in Wales

And that all and singular Person and Persons inheritable to any Manors, Lands, Tenements, Rents, Reversions, Services or other Hereditaments, which shall descend after the Feast of All-Saints next coming, within the said Principality, Country or Dominion of Wales, or within any particular Lordship, Part or Parcel of the said Country or Dominion of Wales, shall for ever, from and after the said Feast of All-Saints, inherit and be inheritable to the same Manors, Lands, Rents, Tenements, Reversions and Hereditaments, after the English Tenure, without Division or Partition, and after the Form of the Laws of this Realm of England, and not after any Welsh Tenure, ne after the Form of any Welsh Laws or Customs;
(2) and that the Laws, Ordinances and Statutes of this Realm of England, for ever, and none other Laws, Ordinances, and Statutes, from after the said Feast of All-Saints next coming, shall be had, used, practised and executed in the said Country or Dominion of Wales, and every Part thereof, in like Manner, Form and Order, as they be and shall be had, used, practised, and executed in this Realm, and in such like Manner and Form as hereafter by this Act shall be further established and ordained; any Act, Statute, Usage, Custom, Precedent, Liberty, Privilege, or other Thing had, made, used, granted or suffered to the contrary in any wise notwithstanding.

Reformation of Marcher Lordships — Monmouthshire

And forasmuch as there be many divers Lordships Marchers within the said Country or Dominion of Wales, lying between the Shires of England and the Shires of the said Country or Dominion of Wales and being no Parcel of any other Shires where the Laws and due Correction is used and had, by reason whereof hath ensued, and hath been practised, perpetrated, committed and done, within and among the said Lordships and Countries to them adjoining, manifold and divers detestable Murders, burning of Houses, Robberies, Thefts, Trespasses, Routs, Riots, unlawful Assemblies, Embraceries, Maintenances, Receiving of Felons, Oppressions, Ruptures of the Peace, and manifold other Malefacts, contrary to all Laws and Justice; and the said Offenders thereupon making their Refuge from Lordship to Lordship, were and continued without Punishment or Correction;
(2) for due Reformation whereof, and forasmuch as as divers and many of the said Lordships Marchers be now in the Hands and Posession of other Lords, It is therefore enacted by the Authority aforesaid, That divers of the said Lordships Marchers shall be united, annexed, and joined to divers of the Shires of England, and divers of the said Lordships Marchers shall be united, annexed, and joined to divers of the Shires of the said Country or Dominion of Wales, in Manner and Form hereafter following;

(3) and that all the Residue of the said Lordships Marchers within the said Country or Dominion of Wales, shall be severed and divided into certain particular Counties or Shires, that is to say, the County or Shire of Monmouth, the County or Shire of Brecknock, the County or Shire of Radnor, the County or Shire of Montgomery, the County or Shire of Denbigh;

(4) and that the Lordships, Townships, Parishes, Commotes and Cantrefs of Monmouth, Chepstow, Matherne, Llanvihangel, Magour, Goldcliffe, Newport, Wentlonge, Llanwerne, Caerlion, Usk, Treleck, Tintern, Skenfrith, Gronsmont, Witecastle, Raglan, Calicote, Biston, Abergevenny, Penrose, Grenefield, Maghen and Hochuyslade in the Country of Wales and all and singular Honours, Lordships, Castles, Manors, Lands, Tenements and Hereditaments, lying or being within the Compass or Precinct of the said Lordships, Townships, Hamlets, Parishes, Commotes and Cantrefs, and every of them, in whole Posession forever they be or shall be, and every Part thereof, shall stand and be from and after the said Feast of All-Saints guildable, and shall be reputed, accepted, named and taken as Parts and Members of the said Shire of Monmouth;
(5) and the said Town of Monmouth shall be named, accepted, reputed, used, had and taken, Head and Shire-town of the said County or Shire of Monmouth;
(6) and that the Sheriffs County or Shire-court of and for the said Shire and County of Monmouth shall be holden and kept one Time at the the said Town of Monmouth, and the next Time at the Town of Newport, in the same County or Shire, and so to be kept in the same two Towns alternis vicibus, and according to the Laws of this Realm of England for ever, and in none other Places.

Justice in Monmouthshire

And it is further enacted by the Authority aforesaid, That all Actions reals that hereafter shall be conceived, perpetrated or sued for any Lands, Tenements or Hereditaments, or any other Thing within the said County or Shire of Monmouth, and all Actions personals within the same Shire or County of the Sum of xl s. or above, and all Actions mixt, shall be sued by original Writ out of the King's High Court of Chancery of England,
(2) and heard, determined and tried before the King's Justices in England, or by Assize or Nisi Prius within the said County of Monmouth, in such like Manner, Form and Wise, as all other Actions reals, personals, and Actions mixt, be sued, heard, determined and tried in or for any Shire of this Realm of England;
(3) and that the King's Justices of his Bench, or of his common Bench of Westminster, shall have full Power and Authority to direct all manner Process to the Sheriff and all other Officers of the said County of Monmouth,
(4) and also to direct Writs of Venire facias to the same Sheriff, for the Trial of every Issue joined before them,
(5) and also to award Commissions of Nisi prius into the said County of Monmouth, for the Trial of such Issues joined before them, in like Manner and Form as they do into every Shire of this Realm of England;
(6) and all and every the King's Subjects and Inhabitants within the said County of Monmouth, shall be for ever, from and after the said Feast of All-Saints, obliged and bounden to be obedient and attendant to the Lord Chancellor of England, and the King's Justices, and other of the King's most honourable Council, and unto all Laws, Customs, Ordinances and Statutes of this Realm of England, in like Manner, Form and Wise, as all other the King's Subjects within every Shire of this Realm of England be obliged and bounden; any Act, Statute, Usage, Custom, Liberty, Privilege, or any other Thing to the contrary in any wise notwithstanding;
(7) and that the Sheriff of the said County shall hold Plea of Replegiare, and all other Suits and Plaints under forty Shillings, in his County or Shire-court in like Manner and Form as all other Sheriffs do within this Realm of England;

Brecknockshire. V.

And it is enacted by the Authority aforesaid, That the Lordships, Townships, Parishes, Commotes and Cantrefs of Brecknock, Crockhowel, Tretowre, Penkelly, English-talgarth, Welsh-talgarth, Dynas, the Haye, Glynebough, Broyulles, Cantercely, Lando, Blaynllinby, Estrodew, Buelth and Lingros, in the said Country or Dominion of Wales, and all and singular Honours, Lordships, Castles, Manors, Lands, Tenements and Hereditaments, lying or being within the Compass or Precinct of the said Lordships, Parishes, Commotes and Cantrefs, or any of them in whole Possession forever they be or shall be, and every Part thereof, shall stand and be forever, from the said Feast of All-Saints, guildable, and shall be reputed, accepted, named and taken as Parts and Members of the said County or Shire of Brecknock;
(2) and that the said Town of Brecknock shall be named, accepted, used, had and taken, Head and Shire-town of the said Shire or County of Brecknock;
(3) and that the Shire-court or County of and for the said Shire or County of Brecknock, shall be holden and kept in the said Town of Brecknock.

Radnorshire.

And it is enacted by the Authority aforesaid, That the Lordships, Townships, Parishes, Commotes and Cantrefs of New Radnor, Elistherman, Elue-les, Bonghred, Glasebury, Glawdistre, Mihelles Church, Meleneth, Blewagh, Knighton, Norton, Preston, Commothuder, Rayader, Gwethronyon and Stanage in the said Country of Wales, and every of them, and all and singular Honours, Lordships, Castles, Manors, Lands, Tenements and Hereditaments, lying or being within the Compass or Precinct of the said Lordships, Townships, Parishes, Commotes and Cantrefs, or any of them, in whole Possession forever they be or shall be, and every Part thereof, shall stand and be for ever, from the said Feast of All-Saints, guildable, and shall be reputed, accepted, named and taken as Parts and Members of the said County or Shire of Radnor;
(2) and that the said Town of New Radnor shall be named, accepted, reputed, used, and had taken Head and Shire-town of the said County or Shire of Radnor;
(3) and that the Shire-Court or County of and for the said County or Shire of Radnor, shall be holden and kept one Time at the said Town of New Radnor, and the next Time at the Town of Rothergowy, in the same County or Shire, and for to be kept in the said two Towns alternis vicibus for ever, and in none other Place.

Montgomeryshire.

And also it is enacted by the Authority aforesaid, That the Lordships, Townships, Parishes, Commotes and Cantrefs of Mountgomery, Kedewnkerry, Cawrsland, Arustley, Bromsilde, Keviliock, Doythur, Powesland, Clunesland, Balesley, Templecester and Alcester, in the said Country of Wales, and every of them, and all and singular Honours, Lordships, Castles, Manors, Lands, Tenements and Hereditaments, lying or being within the Compass or Precinct of the said Lordships, Townships, Commotes and Cantrefs, or in any of them, in whole Possession forever they be or shall be, and every Part thereof, shall stand and be for ever, from the said Feast of All-Saints, guildable, and shall be reputed, accepted, named and taken as Parts and Members of the said County or Shire of Mountgomery;
(2) and that the said Town of Mountgomery shall be named, accepted, reputed, used, had and taken Head and Shire-town of the said County or Shire of Mountgomery;
(3) and that the County or Shire-court of and for the said County or Shire of Mountgomery, shall be holden and kept the first Time at the said Town of Mountgomery, and the next Time at the Town of Maghenleth in the said Shire or County, and for to be kept in the same two Towns alternis vicibus for ever, and in none other Place.

Denbighshire.

And also it is enacted by the Authority aforesaid, That the Lordships, Townships, Parishes, Commotes and Cantrefs of Denbighland, Ruthin, Saint Tafse, Kinllethowen, Bromsilde, Yale, Chirke, and Chirkeland, Molesdale and Hopesdale, in the said Country of Wales, and every of them, and all and singular Honours, Lordships, Castles, Manors, Lands, Tenements and Hereditaments, lying or being within the Compass or Precinct of the said Lordships, Townships, Commotes and Cantrefs, or any of them, in whole Possession forever they be or shall be, and every Part thereof, shall stand and be for ever, from the said Feast of All-Saints, guildable, and shall be reputed, accepted, named and taken as Parts and Members of the said County or Shire of Denbigh;
(2) and that the said Town of Denbigh shall be named, accepted, reputed, used, had and taken Head and Shire-town of the County or Shire of Denbigh;
(3) and that the County or Shire-court of and for the said County or Shire of Denbigh, shall be holden and kept the first Time at the said Town of Denbigh, and the next Time at the Town of Wrixham in the said Shire or County, and for to be kept in the same two Towns alternis vicibus for ever, and in none other Place.

[Fool Coyote]

Chancery and Exchequer at Brecknock and Denbigh

And forasmuch as the Counties and Shires of Brecknock, Radnor, Mountgomery and Denbigh, be far distant from the City of London, where the Laws of England be commonly used, ministered, exercised and executed; and for that the Inhabitants of the said Shires of Brecknock, Radnor, Mountgomery and Denbigh be not of Substance, Power and Ability to travel out of their Counties to seek the Administration of Justice;
(2) it is therefore enacted by the Authority aforesaid, That the King our Sovereign Lord shall have one Chancery and Exchequer at his Castle of Brecknock, and one his Town and Castle of Denbigh;
(3) and that the Sheriffs, Escheators, and other Officers Accomptants of the Counties of Brecknock, Radnor, Mountgomery and Denbigh, from and after the said Feast of All-Saints, shall be yearly appointed by our Sovereign Lord the King, for and within every of the said Shires of Brecknock, Radnor, Mountgomery and Denbigh;

(4) and that the Sheriffs, Escheators, and other Officers Accomptants of the Counties of Brecknock and Radnor, from and after the said Feast of All-Saints, shall yearly make their Accompts before the King's Auditors, and Such Chamberlain or Baron of the said Exchequer, as shall be thereunto appointed by our said Sovereign Lord the King, in such like Manner and Form as Sheriffs, Escheators, and other Officers Accomptants do yearly make their Accompts in the King's Exchequer at Westminster within this realm of England,
(5) And that the Sheriffs, Escheators, and other Officers Accomptants of the Counties of Mountgomery and Denbigh, from and after the said Feast of All-Saints, shall yearly make their Accompts before the King's Auditors, and Such Chamberlain or Baron of the said Exchequer, as shall be thereunto appointed by our said Sovereign Lord the King, in such like Manner and Form as Sheriffs, Escheators, and other Officers Accomptants do yearly make their Accompts in the King's Exchequer at Westminster within this realm of England.

Justice used in Brecknock, Radnor, Montgomery and Denbigh

And that Justice shall be ministered, used, exercised and executed unto the King's Subjects and Inhabitants in every of the said Shires of Brecknock, Radnor, Mountgomery and Denbigh, according to the Laws and Statutes of this Realm of England, and according to such other Customs and Laws now used in Wales aforesaid, as the King our Sovereign Lord and his most honourable Council shall allow and think expedient, requisite and necessary, by such Justicer or Justicers as shall be thereunto appointed by our said Sovereign Lord the King, and after such Form and Fashion as Justice is used and ministered to the King's Subjects within the three Shires of North Wales.

Towns annexed to the County of Salop

And also it is enacted by the Authority aforesaid, That the Lordships, Towns, Parishes, Commotes, Hundreds and Cantrefs of Oswester, Whetington, Masbroke, Knoking, Ellesmer, Downe, and Churnley Hundred in the Marches of Wales aforesaid, and every of them, and all and singular Honours, Lordships, Castles, Manors, Towns, Hamlets, Lands, Tenements and Hereditaments lying or being within the Compass or Precinct of the said Lordships, Towns, Parishes, Commotes, Hundreds amd Cantrefs, or any of them, in whole Posession forever they be or shall be, and every Part thereof, shall stand and be for ever, from and after the said Feast of All-Saints guildable, and shall be united, annexed and joined to and with the County of Salop, as a Member, Part or Parcel of the same;

(2) and that the said Lordships of Oswester, Whetington, Masbroke and Knoking, with their Members, shall be taken, named and known by the Name of the Hundred of Oswester in the County of Salop; and the Inhabitants thereof shall be attendant and do every Thing and Things at every Sessions, Assize and Gaol-delivery, to be holden within the County of Salop, as the inhabitants of all other Hundreds do within the said County of Salop, according to the Laws of this Realm of England.
(3) And that the Lordship of Ellesmer, with the Members of the same shall be united, joined and knit to the Hundred of Pymhill in the County of Salop, and shall be taken, named and known to be Parcel of the same Hundred; and the Inhabitants thereof shall be attendant and do every Thing and Things with the Inhabitants of the said Hundred of Pymhill, as the Inhabitants of the same Hundred now do and use, according to the Laws of this Realm of England.

4) And that the Lordship of Downe, with the Members, shall be united, joined and knit to the Hundred of Churbury in the County of Salop; and the Inhabitants of the said Hundred of Churbury and Lordship of Downe shall be attendant and do every Thing and Things at every Sessions, Assize and Gaol-delivery, to be holden within the said County of Salop, as the inhabitants of all other Hundreds do within the said County of Salop, according to the Laws of this Realm of England.
(5) And that the said Hundred of Churbury, after the said feast of All-Saints, nor the said Hundred of Oswester, nor yet the Lordship of Ellsmer, shall be in no wise otherwise privileged, nor have no other Liberty nor Privilege, but as Hundreds united, annexed and knit to the said County of Salop, as other Hundreds be within the said County.

Towns annexed to the County of Hereford

And that the Lordships, Towns, Parishes, Commotes, Hundreds and Cantrefs of Ewyas Lacy, Ewyas Harold, Clifford, Wynforton, Yerdesley, Huntington, Whytney, Wygmore, Logharneys and Stepulton in the said Marches of Wales, and every of them, and all and singular Honours, Lordships, Castles, Manors, Lands, Tenements and Hereditaments, lying or being within the Compass or Precinct of the said Lordships, Towns, Parishes, Commotes, Hundreds and Cantrefs, or any of them, in whole Possession forever they be or shall be, and every Part thereof, shall stand and be for ever, from and after the said Feast of All-Saints, guildable, and shall be united, annexed and joined to and with the County of Hereford, as a Member, Part or Parcel of the same County of Hereford;
(2) and that the Lordships of Wygmore and Logharneys, with their Members, shall be taken, named and known by the Name of the Hundred of Wygmore in the County of Hereford aforesaid; and that the Inhabitants thereof shall be attendant and do every Thing and Things at every Sessions, Assize and Gaol-delivery, to be holden within the County of Hereford, as the inhabitants of all other Hundreds do within the said County of Hereford, according to the Laws of this Realm of England.
(3) and that the Lordship of Ewyas Lacy, with the Members, shall be taken, named and known by the Name of the Hundred of Ewyas Lacy in the County of Hereford aforesaid; and that the Inhabitants thereof shall be attendant and do every Thing and Things at every Sessions, Assize and Gaol-delivery, to be holden within the County of Hereford, as the inhabitants of all other Hundreds do within the said County of Hereford, according to the Laws of this Realm of England.
(4) and that the Lordship of Ewyas Harold, with the Members, shall be united, joined and knit to the Hundred of Webtree in the said County of Hereford, and shall be taken, named and known to be Parcel of the said Hundred of Webtree; and the Inhabitants thereof shall be attendant and do every Thing and Things with the Inhabitants of the same Hundred of Webtree, as the Inhabitants of the same Hundred now do, according to the Laws of this Realm of England.
(5) and that the Lordships of Clifford, Wynforton, Yerdesley, Whitney and Huntington, with their Members, shall be taken, named and known by the Name of the Hundred of Huntington within the County of Hereford aforesaid; and that the Inhabitants thereof shall be attendant and do every Thing and Things at every Sessions, Assize and Gaol-delivery, to be holden within the said County of Hereford, as the inhabitants of all other Hundreds do within the said County of Hereford, according to the Laws of this Realm of England.
(6) And that the said Hundred of Wygmore, with said Members, and the said Hundred of Ewyas Lacy, and the said Hundred of Huntington, and the said Lordship of Ewyas Harold, annexed unto the Hundred of Webtree, after the said Feast of All-Saints, shall be in no wise otherwise privileged, nor have no other Liberty, Franchises, nor Privilege, but as Hundreds united and annexed to the said County of Hereford, and as other Hundreds be within the said County of Hereford.

(To be cont.)