Laws in Wales Act 1535

JurisdictionUK Non-devolved
Citation1535 c. 26
Statutes made at Westminster, Anno 27 Hen . VIII. and Anno Dom.1535. Concerning the Laws to be used inWales .

(27 Hen. 8) C A P. XXVI.

'AL B E I T the Dominion, Principality and Country ofWales justly and righteosly 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 his 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, Thathis said Country or Dominion ofWales shall be, stand and continue for ever from henceforth incorporated, united and annexed to and with this his Realm of England ; (6)and that all and singular Person and Persons, born and to be born in the said Principality, Country or Dominion ofWales , shall have, enjoy and inherit all and singular Freedoms, Liberties, Rights, Privileges and Laws within this his Realm, and other the King's Dominions, as other the King's Subjects naturally born within the same have, enjoy and inherit.

S-II The Laws of England shall be used in Wales.

II The Laws of England shall be used in Wales.

II. 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 ofAll-Saints next coming, within the said Principality, Country or Dominion ofWales , or within any particular Lordship, Part or Parcel of the said Country or Dominion ofWales , 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, ne Statutes, from and after the said Feast of All-Saints next coming, shall be had, used, practised and executed in the said County 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.

S-III Lordships Marchers, and the Disorders committed therein.

III Lordships Marchers, and the Disorders committed therein.

'III. And forasmuch as there be many and divers Lordships Marchers within the said County or Dominion ofWales , lying between the Shires of England and the Shires of the said County 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 Murthers, brenning 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 divers and many of the said Lordships Marchers be now in the Hands and Possession of our Sovereign Lord the King, and the smallest Number of them in the Possession 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 ofWales , 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 aand Cantreds ofMonmouth, Chepstow, Matherne, Llanvihangel, Magour, Goldecliffe, Newport, Wenllonge, Llanwerne, Caerlion, Usk, Treleck, Tintern, Skynfreth, Gronsmont, Witecastle, Reglan, 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 Cantreds, and every of them, in whore Possession soever 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 that 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 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.

S-IV Actions for Lands or other Things to be sued in the County of Monmouth.

IV Actions for Lands or other Things to be sued in the County of Monmouth.

IV. 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 ofMonmouth , and all Actions personal 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 in England , (2)and heard, determined and tried before the King's Justices inEngland , or by Assise or Nisi prius within the said County of Monmouth , in such like Manner, Form and Wise, as all other Actionsreals, personals, and Actions mixt, be sued, heard, determined and tried in or for any Shire of this Realm ofEngland ; (3)and that the King's Justices of his Bench, or of his common Bench ofWestminster , 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 ofMonmouth , 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 , 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 Shirecourt, in like Manner and Form as all other Sheriffs do within this Realm of England ; (8)and that the Sheriff, Escheators and Coroners, that hereafter shall be within the said County or Shire ofMonmouth , shall be obliged and bounden to execute all the King's Processes, and to make due Returns thereof, and to use and exercise their Offices according to the Laws and Statutes of this Realm of England , in all and

aA Commote is balf a Cantred, or Hundred, containing fifty Villages. Wales was antiently divided into three Provinces; and each of these were again subdivided into Cantreds; and every Cantred into...

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