Page:Ruffhead - The Statutes at Large - vol 2.djvu/394

3^6 C. 26. Anno xxxiv & xxxv Henrici VIII. A. D. 154.2-3. or that hereafter {hall defcend, be taken, enjoyed, ufed, and holden as Englijh Tenure, to all Intents ac- cording to the Common Laws of this Realm of England, and not to be partable among Heirs Males after the Cuftom of Gavelkind, as heretofore in divers Parts of Wales hath been ufed and accuftomed. (2) And that the fame Law, from and after the faid Feaft* of St. John Baptiji, in the faid thirty-third Year, be ufed, taken, and exercifed in the faid County of Monmouth, and in all fuch Lordfhips and other Places 87 H. 8. c. 16. as by Virtue of the faid A£t made in the faid twenty -feventh Year, or by any other Act or Acts made or to be made, were and fliall be annexed, united, or knit to any of the Shires of Salop, Hereford, Gloucejler or other Shire ; any Laws, Ufages, or Cuftoms heretofore had or ufed to the contrary thereof notwith- ftanding. Mortgages of XC11. Item, That no Mortgages of Lands, Tenements, or Hereditaments made or had after the faid Lands in Wales. Feaft of St. John Baptift, which was in the faid thirty-third Year of the Reign of our faid Sovereign Lord or that hereafter fhall be had or made within any of the faid Shires or Places, fhall be hereafter allowed or admitted, otherwife than after the Courfe of the Common Laws or Statutes of the Realm of England; any Ufage or Cuftom heretofore had to the contrary thereof notwithftanding. All Perfons may XCI1I. Item, It fhall be lawful to all Perfons to aliene, fell, or otherwife put away their Lands, Tene- fell their Lands, ments, and Hereditaments within the faid Country or Dominion of Wales, the County of Monmouth, and or demife them ther Places annexed to any of the Shires of England, from them and their Heirs, to any Perfon or Perfons n« of England. ' n Fee-fimple or Fee-tail, for Term of Life, or for Term of Years, after the Manner and according as is ' ufed by the Laws of the Realm of England ; any Weljh Law or Cuftom heretofore ufed in the faid Country or Dominion of Wales to the contrary thereof notwithftanding. This Article to take Effect from and after the faid Feaft of the Nativity of St. John Baptiji, which was in the faid thirty-third Year of our faid Sove- reign Lord's Reign. Perfons having XCIV. Item, If any Perfon or Perfons having Lands or Tenements within the faid Dominion of Wales, Lands in Wales been, or hereafter fhall be bound within the Realm of England, by Obligation upon the Statute of the Staple, bound by Sta- or ^ v Recognizance, and pay not the Debt as fhall appertain, that then upon Certificate thereof made unto ute in ng an . ^ j£j n g> s Chancery of England, by the Clerk of the Staple, or by any Juftice of Record before whom fuch R-ecognizance fhall be knowledged, Procefs fhall be made to the Sheriffs of Wales out of the Chan- cery of England after the Form as is ufed to be made upon Statutes and Recognizances, -by the Courfe of the Laws of England, for the due levying and paying of the faid Debt. Recognizances XCV. Provided always, and be it enacted by the Authority aforefaid, That for fuch Recognizances as taken in the be or hereafter fhall be taken and knowledged before the King's Juftices of his Highnefs Bench or Com- Com ^n-Tace 01 " m on-place m England, Procefs fhall be had and purfued immediately out from the faid Juftices, as is ufed upon Recognifances taken before the faid Juftices by the common Courfe of the Laws of England. Writs, Bills, XCVI. Item, That all fuch Writs, Bills, Plaints, Pleas, Procefs, Challenges and Trials, fliall be ufed Plaints, &c. throughout all the Shires aforefaid, before the faid Juftices in their Seffions, as is ufed in North Wales, or as fliall bedevifed by the faid Prefident, Council and Juftices, or three of them, whereof the faid Prefident to be one, for the good Miniftration of Juftice to be had in every of the faid Shires. 33 H, 8. c. 13. ' XCVII. Item, Where the Lordfhip of Hope, with divers other Lordfhips, Parifhes, Towns and Ham- ' lets, were by an Act of Parliament made in the thirty-third Year of the Reign of our laid Sovereign Lord 4 appointed and tranflated from the faid County of Denbigh to the County of Flint, and by the fame Aft ' were made Part, Parcel, and Members of the fame County of Flint, afore which Appointment orTranf- ' lation divers Indictments and Prefentments, as well of Felony as other Offences, were had and taken for ' the King's Highnefs, before the Juftice of the faid County of Denbigh, in the great Seffions there, and ' fome before the Juftices of the Peace within the fame County, for Offences fuppofed to be done within c divers of the faid Lordfhips fo tranflated, and alfo divers Judgments given at the Suit of the Parties before ' the faid Juftices ; and fome before the Sheriff of the faid County of Denbigh, for Matters rifen and grown Indiftmentsor ' within the Precinct of the faid Lordfhips or other Places, before the Translation of the fame :' (2) It is Prefentments now ordained and enacted, that all the faid Indictments and Prefentments fliall be heard, tried, and de- made for Suits termined within the faid County of Denbigh, by Perfons as well of the faid Lordfhip or Place where the faid i^Tih' ni h"r Offences were done or committed, as of other Place or Places within the faid County of Denbigh, in were removed Manner and Form, as though the faid Tranflations had never been had ne made: (3) And alfo that the from oneCounty faid Judgments as before given or had between Party and Parties, before any Juftice of Record or other to another. Officer within the faid County of Denbigh, for any Matter or Caufe, appearing by the Record of the fame to be grown and rifen within any of the faid Lordfhips, Parifhes, Towns, or Hamlets fo tranflated, fhall and may be executed by the Sheriff of the faid County of Denbigh within any of the fame Lordfhips, or other Place fo tranflated ; the faid Tranflation, or any other Caufe or Matter to the contrary thereof not- . with {landing. XCVIII, Item, Like Law and Order to be kept and miniftred upon all other like Tranflations of any < other Lordfhips, Manors, Towns, Parifhes, and other Places within Wales, had, made or done in this prefent Parliament, or any other afore or after the fame Tranflations, or any other Caufe or Matter to the contrary thereof notwithftanding. Suits tried at a XCIX. Item, Where there fhall be divers and many Suits taken before the faid Juftices in Pleas Per- petty Seffions. fonal, which (as it is thought) cannot be tried before them in the Time of the faid great Seffions, for Bre- vity of Time : Therefore, and for the fpeedy Trial of thefe Matters, the Iffues taken in the faid Suits fhall and may be tried at a petty Seffions, before the Deputy Juftices there, as is and hath been ufed in the faid three Shires of North Wales; except fuch of the faid Suits, as by the Difcretion of the faid Juftices fliall be No Suit by Bill thought neceffary to be tried before themfelves, within their Limits; (2) and that there fliall be no Suit underxxs. taken before any of the faid Juftices by Bill, under the Sum of twenty Shillings. No Agreement C. Item, If any Murder or Felony hereafter be committed or done within Wales, that then the Party or ftail be made Parties to whom any fuch Offence fliall hap to be committed, fliall in no wife make any End or Agree- withaFelon - nient