No. IV.

1 Hen. IV. c. 18.

The process where one of the county of Chester doth make a battery or other trespass in any other county.

'King, and to other Lords, having thereof franchise, as forfeit. And if any person of the same county of Chester, resident or dwelling in the same, make a battery or other trespass in any place out of the said county of Chester, process shall be made against him by the common law, till the exigent, in the counties where such battery or trespass is 'done. And if he flee from thence into the said county of Chester, and be outlawed for such battery or trespass, the outlawry shall be ' certified to the officers and ministers of the said county of Chester, and the same person shall be taken by the same officers or ministers; and his goods and chattels, being within the same county of Chester, 'shall be seized into the hands of the Prince, or of him which shall be 'Lord of the said county of Chester for the time; and his other goods ' and chattels, being out of the said county of Chester, shall remain wholly to the King, and to other Lords aforesaid, as forfeit, in such 'sort as afore is said.'

[No. V. ] 2 Henry IV. c. 12.-Certain Restraints laid on wholly born Welshmen.

[No. VI. ] 2 Henry IV. c. 16.-If Welshmen do not restore to Englishmen the Distresses taken by them within seven Days, Englishmen may return the like measure to them.

[No. VII. ] 2 Henry IV. c. 17.-If a Welshman commit a Felony in England, and thereof is attainted, and after flieth into Wales, upon Certificate of the King's Justices he shall be executed.

[No. VIII. ] 2 Henry IV. c. 19.-No Englishman shall be condemned at the Suit of a Welshman in Wales, but only by English Justices, or English Burgesses.

[No. IX. ] 2 Henry IV. c. 20.-No Welshman shall purchase land in England, nor in the English Towns in Wales.

[No. X. ] 4 Henry IV. c. 26.-Englishmen shall not be convict by Welshmen in Wales.

[ No. XI. ] 4 Henry IV. c. 27.-There shall be no Wasters, Vagabonds, &c. in Wales.

[ No. XII. ] 4 Henry IV. c. 28.-There shall be no Congregations in Wales.

[ No. XIII. ] A Henry IV. c. 29.-Welshmen shall not

be armed.

[No. XIV. ] 4 Henry IV. c. 30.-No Victual or Armour No. XIV. shall be carried into Wales.

[ No. XV. ] 4 Henry IV. c. 31.-A Welshman shall not have any House of Defence.

[No. XVI. ] 4 Henry IV. c. 32.-No Welshman shall be an officer.

[No. XVII. ] 4 Henry IV. c. 33.-Castles and walled Towns in Wales shall be kept by Englishmen.

[No. XVIII. ] 4 Henry IV. c. 34.-No English Man that marrieth a Welsh Woman shall be in any Office in Wales.

[ No. XIX. ] 1 Henry V. c. 6.-No Welshman shall take Revenge against those Englishmen which did pursue their Friends in the late Rebellion.

[ No. XX. ] 26 Henry VIII. c. 4.-For Jurors in

WHE

Wales.

4 Hen. IV.

c. 30.

c. 4.

How an officer

sworn for the keeping of ju rors in Wales shall demean himself.

HERE for lack of diligent and sure custody of jurors sworn 26 Henry VIII. for trials of murtherers, felons and accessaries of felonies and 'murthers in Wales and the marches of the same, divers adherents, 'friends and kinsfolk to such offenders, have resorted to the same 'jurors, and have suborned them to acquit divers murtherers, felons and accessaries, openly and notoriously known, contrary to equity and justice: It is therefore enacted by the King our Sovereign Lord, and the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by the authority of the same, That forthwith, upon the charge given to any inquest hereafter to be taken and sworn before any justicer, steward, lieutenant, or other officer within Wales or the marches of the same, of, for and upon any traverse against the King, or the trial of any recognizance broken, or any other forfeiture forfeited to the King, or of, for and upon the trial of any murtherer, felon or accessary of felony or murther, one officer or other person shall be deputed and sworn in the presence of the said justicer or other officer, for the true and diligent keeping of the same jurors ; and that the same officer or other person so sworn, without the special commandment of the said justicer or other officer, shall not do, or suffer to be ministered, to the same jurors, any bread, drink, meat, fire or light, nor shall suffer the same jurors to speak to any person or persons; nor the same officer or other person sworn, without the commandment aforesaid, shall not speak to the said jurors, but only to demand of them of their agreement, unto such time as the same jurors shall have given their verdict; any usage or custom heretofore used to the contrary notwithstanding; and if the same officer or other person so sworn in form aforesaid, do not execute and accomplish the premises in the oath before rehearsed in every point and article, then the same officer, or other person so sworn, shall be punished and imprisoned, and make fine and ransom to the King's Highness, by the discretion of the said justicer, steward, lieutenant or other officer.

II. And also be it enacted by the authority aforesaid, That if the
VOL. IV.

C

No. XX.

26 Hen. VIII.

c. 4.

The penalty of jurors in Wales committing perjury, or otherwise misdemeaning themselves.

same jurors do acquit any such felon, murtherer or accessary, upon whose trial they shall be charged, or give any untrue verdict against the King, upon the trial of any traverse, recognizance or other forfeiture, contrary to good and pregnant evidence ministered to them by persons sworn before the said justicer, steward, lieutenant or other officer, or that the said jurors, or any of them, do eat, drink, or speak to or with any other person or persons than to such as be sworn with them, or otherwise misdemean themselves after they be sworn, and before they have given their verdict, that then the Lord President, and other of the council of the marches for the time being, upon notice or complaint thereof to them made, shall not only have power and authority by this present Act to call such jurors before them, but also the same justicer, steward or other officer afore whom any such acquittal, untrue verdict or misdemeanor shall happen to be made, shall have full power and authority to compel such jurors, and every of them, upon pain of imprisonment, to be bounden by recognizance in a certain sum of money, by their discretion to be limited, that the same jurors, and every of them, shall personally appear at a certain day, by the same justicer, steward or other officer to be limited, before the Lord President, and other of the council aforesaid for the time being, then and there to abide and stand to such direction and order as the same council shall make, ordain and decree, of, in and upon the same: and that the same council shall thereupon have authority and power, by examination or otherwise, to hear and determine all and every such cause, and shall have like authority to commit every of the same jurors to prison or other punishment, as shall be thought most meet by the discretion of the said council, or otherwise assess or tax every such juror to his fine or ransom by the same discretion, to be paid and levied of their lands, goods and chattels, to the use of the King's Highness.

26 Henry VIII.

Henry,

c.

The penalty for transporting offenders into or forth of

Wales at unlawful times.

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[ No. XXI. ] 26 Henry VIII. c. 5.-For the Passage over the Severn.

FORASMUCH as daily divers felonies, robberies and murthers been many times committed and done in the counties of Gloucester and "Somerset in the parts near adjoining unto the water called the water of Severn, between England and South Wales, and after such murthers ' and felonies done, the said robbers, felons, and murtherers, with the 'said goods so robbed and stolen, make their conveyance with the said goods so stolen, by night, at divers passages or ferries over the said ' river or water, as the passages of Auste, Fremeland, Pyrton, Arlingham, Newenham, Portsedes, Poynte, and all such other like passages over the said river into South Wales, or into the forest called the 'forest of Dean, also adjoining to the same water; and when they be over the said water, then the goods so stolen, be by divers privileges 'there kept, albeit the owner and owners have true and perfect knowledge thereof, yet they so robbed and spoiled be without remedy for to obtain their said goods so stolen; so that the secret and sudden conveyance by night of the said goods over the said ferries and passages, doth not only greatly incourage divers persons to come out of the parts of South Wales, to steal, rob, and murther divers persons in their houses in the said counties joining upon the said borders of Wales, but also causeth many robberies and felonies in sundry ways to be committed and done upon the said border near adjoining to the same river, to the great damage and hurt of the King's subjects inhabiting there, unless some remedy therefore be provided:' It may therefore please the King our Sovereign Lord, and the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, by the authority of the same to enact, That every person or persons, taking upon him or them to have and keep any of the said passages, or any other passages upon Severn aforesaid, from henceforth do not convey, neither carry with any manner barge, boat or other vessel, any

person or persons with horses, mares, oxen, kine, or any other cattle, nor no other person or persons, before the time of the sun rising in the morning, and after the time of the sun being gone down at night, upon pain of imprisonment and fine to be set on him that shall so convey or carry over any of the said passages over the said river of Severn out of England into Wales or the forest of Dean, or out of Wales, or the said forest of Dean into England, unless the said passengers and every of them, have good knowledge of such person and persons, and of their dwelling-places; and upon request to them made by any person or persons, to disclose the name and the dwelling-place of every such person or persons so by them conveyed over the said water, to any such person or persons requiring the same, if suit be made for and after them upon any outcry, hue or fresh suit, of or for any felony, robbery, murther and manslaughter, committed and done from henceforth.

II. And that the King's justices of the peace within every of the said counties of Gloucester and Somerset, at their quarter-sessions, shall have full power and authority to call before them all such persons which hereafter shall keep any of the said passages, or any other ferry or passage over the said water into Wales or the said forest, or out of Wales or the said forest into England, and to bind them with sufficient sureties with them in recognizance in such sums of money as it shall seem to the discretion of the said justices of peace, that they and every of them, being passengers and keepers of ferries and passages as is aforesaid, from henceforth shall not, after the said times before limited and appointed, convey or carry, or cause to be conveyed or carried, any manner of person or persons or any kind of cattle, but such persons as they do know and will answer for, and know where their abidings, dwellings and habitations be, and upon request made to them or any of them as is abovesaid, shall from time to time disclose, as well the same person or persons, as the goods and chattels so passing the said passages, upon fresh suit made or hereafter to be made upon any felony, murther or robbery committed and done in the borders of the counties aforesaid, or in any other place within this realm or South Wales.

[ No. XXII. ] 26 Henry VIII. c. 6.-The Bill concerning Councils in Wales.

No. XXI. 26Hen. VIII.

c. 5.

Keepers of ferries shall be bound to trans

port no offenders at unlawful times.

ap

c. 6.

FORASMUCH as the people of Wales and marches of the same, not 26 Henry VIII. dreading the good and wholsom laws and statutes of this realm, have of long time continued and persevered in perpetration and com'mission of divers and manifold thefts, murthers, rebellions, wilful 'burnings of houses and other scelerous deeds and abominable male'facts, to the high displeasure of God, inquietation of the King's welldisposed subjects, and disturbance of the publick weal, which malefacts 'and scelerous deeds be so rooted and fixed in the same people, that they be not like to cease, unless some sharp correction and punish'ment for redress and amputation of the premisses be provided, accord⚫ing to the demerits of the offenders: Be it therefore enacted, &c.

[Murthers, felonies, &c. in Wales to be inquired of in the shires next adjoining, &c.-The long perseverance in wickedness of some lewd people in Wales, and the marches thereof.-All persons shall appear upon lawful summons given, before the justices in the courts in Wales.]

[II. Wrongs done by officers in lordships marchers.-Untrue surmises feigned against them which appear to imprison them.]

[III. The party's remedy against the officer which doth imprison him upon feigned surmises.]

[IV. No weapon shall be brought to courts, fairs or churches in Wales.] [V. None shall levy any exactions, commorths, or collection, or make games in Wales.-No arthel shall be cast into any court.]

[VI. All courts shall be kept within most sure places.--Indictment in the next county for a felony committed within any lordship marcher.)

27 Henry VIII. • c. 7.

[VII. Acquittal in lordships marchers no bar.]

[VIII. Justices may award process unto lordships marchers.-A certificate of an outlawry to a lordship marcher, &c.-By what means an offender shall be conveyed from one lordship marcher to another.]

[IX. The officer shall return his precept.-All advantages saved to the offenders.]

[X. An offender attainted of any felony, upon surety found of his good behaviour, may be discharged.]

[XI. No liberties of lord marcher shall be abridged.]

[XII. Where felonies committed in Merioneth in Wales shall be inquired of, heard and determined.-Repealed by 8 El. c. 20.]

[XIII. Where and to whom any offender taken in Wales shall be delivered.]

[No. XXIII.] 27 Henry VIII. c. 5.-For the making of Justices of Peace within Chester and Wales.

[ No. XXIV. ] 27 Henry VIII. c. 7.-For the Abuses in the Forests of Wales.

WH

HERE divers and many forests being in Wales, and the marches of the same, as well of the inheritance and possessions of our 'sovereign Lord the King, as of divers others being lord marchers; within which forests certain unreasonable customs and exactions have 'been of long time unlawfully exacted and used, contrary both to the law of God and man, to the express wrong and great impoverishing of divers of the King's true subjects, the effect of which said unlawful 'exactions and customs be hereafter declared; that is to wit, It hath 'been there unlawfully used, that if it fortuned any the King's subjects to pass, go or ride through or in any way or path of any of the said 'forests, not having upon him or them that so shall fortune to pass, go 'or ride, a token delivered to him or them by the chief foresters, 'rulers, walkers or farmers, the which token shall be well known amongst all them that are walkers and rulers under him or them; or that he or they that so shall fortune to pass, go or ride in or through any of the said forests, be not yearly tributors or chensers, then he or they so going, riding or travelling in or through any of the said 'forests, having no token, nor being yearly tributors or chensers, as 'is aforesaid, have used to pay by unlawful exactions unto the said 'foresters, rulers, walkers and farmers of the said forests, a grievous fine or reward: And if any person or persons, not having such token 'or tokens, and not being a yearly tributor or a chenser as is aforesaid, should happen to be taken, found or espied by any of the said foresters, rulers, walkers or farmers, or their assigns, by the space of twenty-four foot out of the highway, then he or they so being taken, found or espied out of the highway, within any of the said forests as is aforesaid, to forfeit and lose unto the said foresters, rulers, walkers 'or farmers, all such money or gold as should be then found upon him or them so being taken in any of the said forests, out of the highway. 'as is aforesaid.

II. And also the same person or persons so being taken or found out of the highway, to forfeit and lose a joint of one of his or their 'hands, or else to make fine therefore with the said foresters, rulers, 'walkers and farmers, at the will and pleasure of the said rulers, 'walkers or farmers.

III. And if also that it happen any beast or quick cattle to come, 'go or escape into any of the said forests by stray or thief-stolen, or otherwise, the said foresters, rulers, walkers or farmers, after knowledge to him or them given, have likewise unlawfully used to seize and take the same beast or cattle as his or their own, and mark them