Duties and Offices (39)

The Act of Union finishes from post (38)....

"c23. Item, that all Mayors, Sheriffs, Stewards, Bailiffs, and other ministers and officers of justice of every county, lordship, town and place within the said dominion of Wales and all and singular the king's subjects of the same shall be always obedient attendant and assisting to the said President Council and Justices of Wales, and every of them, and shall obey the King's commandments and process from them or any of them directed, and all the reasonable and lawful precepts of the said President, Council, and Justices, and every of them, and also shall be obedient to all the said Justices of Peace, Sheriffs, and Escheators within the limits of their said authorities, as well for common administration and due execution of justice as in all other things appertaining to their duties and offices."

This ends the Act of Union as recorded in English Historical Documents 1485 - 1558, edited by C.H. Williams, 1967.  The following is a copy of the front sheet to this document...thanks.

Any additions or comments please post in the comment section.

Sheriffs (38)

The Act of Union 1536 continues from post (37)...

"c22. Item, that there shall be Sheriffs in every of the said shires yearly appointed by the King's Majesty; and that none of the said Sheriffs shall have their said office of sheriffwick any longer time than is used by the laws and statutes of England..."

The term "Sheriff" is thought to have its origin in the Anglo-Saxon hundred.  Manorial administration, within each hundred, was handled by a man called the "reeve".  He was chosen from and by the folks in the manor (villeinage), and held this position for one year.  Thus he become the "shires' reeve".  A full discussion of this can be found in Origins of The Common Law, by Arthur R. Hogue, pp.126-129.

Justices of Peace (37)

The Act of Union 1536 continues from post (36)...

"c21. Item, over and besides the said President and Council, and Justices there shall be Justices of Peace and Quorum, and also Custos Rotulorum in every of the said twelve shires.:

At the age of 14 years an individual could choose their own guardian.  This court would deal with guardianship issues that were being questioned.

Power and Authority (36)

The Act of Union continues from post (35)...

"c6. Item, that every of the said Justices of Wales shall have power and authority to enquire of all treasons, murders, felonies, riots, routs, unlawful assemblies, extortions, embraceries, maintenances, retainers, concealments, contemps, and all other offences and evil deeds, of what natures, names or qualities soever they be, done, committed or perpetrated within the limits of their commissions and authorities, against the form of the Common Law of the realm of England, or of any statutes of the same, and to hear and determine the premisses, and every of them, and generally to minister common justice to all and singular the king's subjects within the limits of their commissions and authorities, according to the laws, statutes, and customs of the realm of England, and according to this present ordinance."

Justices (35)

The Act of Union 1536 continues from post (34)...

"c5. That every of the said Justices within the limits of their commissions and authorities to them appointed as is aforesaid, shall hold all manner of pleas of the crown at and in the said Sessions, in as large and ample manner as the King's Chief Justices of the King's Bench there, or any of them, may do in their places, or elsewhere within the realm of England; and also to hold pleas of assises, and all other pleas and actions real, personal, and mixed, in as large and ample manner as the King's Chief Justice of the Common Place in England, and other Justices of the same Place, or any of them, may do in the realm of England."

Sessions (34)

The Act of Union continues from post (33)...

"c4. Item, that there shall be holden and kept Sessions twice in every year in every of the said shires in the said dominion and principality of Wales, that is to say, in the shires of Glamorgan, Brecknock, Radnor, Caermarthen, Pembroke, Cardigan, Montgomery, Denbigh, Flint, Merioneth and Anglesey; the which sessions shall be called the King's great Sessions in Wales."

President and Council (33)

The Act of Union continues from post (32)...

"c.3 Item, that there shall be and remain a President and Council in the said dominion and principality of Wales and the Marches of the same, with all officers, clerks, and incidents to the same, in manner and form as hath been heretofore used and accustomed; which President and Council shall have power and authority to hear and determine by their wisdoms and discretions such causes and matters as be or hereafter shall be assigned to them by the King's majesty as heretofore hath been accustomed and used."

Limitations of the Hundreds (32)

The additions of 1542 - 1543 continues from post (31):

"c.2  Item, that the limitations of the Hundreds of late made within the said shires by virtue of his Grace's commission directed out of his Highness Court of Chancery, and again returned into the same, shall stand in full strength, force, and effect, according to the said limitation; except such of the same as sith that time hath been altered or changed by virtue of any Act or Acts of Parliament already made, or that shall be altered or changed by any Act in this present session to be made."

Additions 1542 - 1543 (31)

Additions to the Act of Union 1542 is continues from post (30)...

"2. First, that his Grace's said dominion, principality, and country of Wales be from henceforth divided into twelve shires; of the which eight have been shires of long and ancient time: that is to say, the shires of Glamorgan, Caermarthen, Pembroke, Cardigan, Flint, Caernarvon, Anglesey, and Merioneth; and four of the said twelve shires to be newly made and ordained to be shires by an Act made at the Parliament holden at Westminster in the twenty-seventh year of our said sovereign lord's most noble reign, that is to say, the shires of Radnor, Brecknock, Montgomery and Denbigh, over and besides the shire of Monmouth and divers other dominions, lordships, and manors in the Marches of Wales, united and annexed to the shires of Salop, Hereford, and Gloucester, as by the said late Act more plainly appeareth."

This section seems to show that the first Act of 1536 which instituted a new, larger, and single county of Monmouth was found to be unworkable.  This section returns to the 12 shire system which had been part of the geographic reality of Wales.

Additions 1542 - 1543 (30)

Additions to the Act of Union 1536 is continued below from post (29)...

"An act for certain ordinances in the king's dominion and principality of Wales. St. 34/35 Hen. VIII, c.26, 1542 - 43  (Stat. Realm, III 926)

Our sovereign lord the king's majesty, of his tender zeal and affection that he beareth towards his loving and obedient subjects of his dominion, principality, and country of Wales, for good rule and order to be from henceforth kept and maintained within the same, whereby his said subjects may grow and rise to more wealth and prosperity, hath devised and made divers sundry good and necessary ordinances which his majesty of his most abundant goodness, at the humble suit and petition of his said subjects of Wales is pleased and contented to be enacted by the assent of the lords spiritual and temporal and the Commons, in this present Parliament assembled, and by the authority of the same, in manner and form as hereafter ensueth."

Setting the stage for changes to follow.  More wealth and prosperity is always good.  These changes seem to be as a result of request from the folks of Wales themselves.

Elected and Chosen (29)

The Act of Union 1536 continues from post (28)...

"22. And it is further enacted...that for this present Parliament and all other Parliaments to be holden and kept for this realm, two knights shall be chosen and elected to the same parliament for the shire of Monmouth, and one Burgess for the borough of Monmouth, in like manner form and order as knights and burgesses of the parliament be elected and chosen in all other shires of this realm of England, and that the same knights and burgesses shall have like dignity pre-eminence and privilege, and shall be allowed such fees as other knights and burgesses of the Parliament have been allowed; and the knight's fees to be levied, perceived received gathered and paid in such manner form and order as such fees be gathered levied perceived received and paid in other shires of this realm of England; and the Burgesses' fees be levied as well within the borough of Monmouth as within all other ancient boroughs within the said shire of Monmouth.
   [Similarly one Knight to be chosen to the same Parliaments for each of the shires of Brecknock, Radnor, Montgomery, and Denbigh and for every other shire within the said country or dominion of Wales; and for every borough being a shire town within the said country or Dominion of Wales.]"

This section officially ends the Act of Union 1536.  Additions to this act follows in 1542 - 1543 and will be presented as recorded in English Historical Documents 1485 - 1558, edited by C.H. Williams, Oxford University Press, New York, 1967.

Furthermore (28)

The Act of Union 1536 continues from post (27)....

"21. Furthermore it is enacted...that immediately after the prorogation or  dissolution of this present parliament, the Lord Chancellor of England shall direct the King's Commission under His Grace's Great Seal to such persons as to him shall be thought convenient, to enquire and search out, by all ways and means that they can, all and singular laws usages and customs used within the said dominion and country of Wales; and the same shall return and certify to the King's Highness and his most honourable Council before the said Feast of All-Saints next coming; and that upon deliberate advice thereof had and taken, all such laws usages and customs as the King's Highness and his said most honourable Council shall think expedient requisite and necessary to be had used and exercised in the before rehearsed shires, or any of them, or in any other shire of the dominion or country of Wales, shall stand and be of full strength virtue and effect, and shall be for ever inviolable observed had used and executed in the same shires as if this Act had never been had nor made; any thing in the same Act Contained to the contrary in any wise notwithstanding."

This section directs the "King's Commission" to collect, analyze, and judge "...all and singular laws usages and customs used within the said dominion and country of Wales".  These laws were be judged "expedient requisite and necessary".

Further Enacted (27)

The Act of Union 1536 continues from post (26)...

"20.  Be it further enacted...that immediately upon the prorogation or dissolution of this present Parliament the Lord Chancellor of England shall direct the King's commission under His Grace's Great Seal to such persons as to him shall be thought convenient to enquire and view all the said shires of Carmarthen Pembroke, Cardigan, Monmouth, Brecknock, Radnor, Montgomery, Glamorgan, and Denbigh and every part and parcel of them; and upon such view and search to divide them and every of them into so many Hundreds as they shall think most meet and convenient; and the Hundreds so divided shall return and certify with the said Commission into the High Court of Chancery before the said Feast of All-Saints, and the same to remain of record, and to be of such force and effect as it were by Act of Parliament; and that the said Hundreds, after the said certificate, shall be used and taken as other Hundreds be in every other shire within this realm of England."

Divided into "Hundreds" were the new, reorganized, counties of Wales. [The county of Flint must have already been under English administration.]  A "commission" outside of Parliament was to accomplish the task, but it was to have the "effect as it were by Act of Parliament".  In effect, this would eliminate the Welsh commotes and cantreds.

The English Tongue (26)

The Act of Union continues from post (25)....

"17.  Also be it enacted...that all Justices, commissioners, sheriffs coroners escheators stewards and their lieutenants and all other officers and ministers of the law shall proclaim and keep the sessions courts hundreds leets sheriffs courts and all other courts in the English tongue; and all oaths of officers juries and inquests and all other affidavits verdicts and wagers of law to be given and done in the English tongue; and also that from henceforth no person or persons that use the Welsh speech or language shall have or enjoy any manner office or fees within this realm of England, Wales or other the King's dominions upon pain of forfeiting the same offices or fees unless he or they use and exercise the English speech or language."

So here you have it.  Only the English tongue was to be used in the courts.  Thus the Welsh tongue was eliminated from the documents and records of the courts.  It was this fact that produced all sorts of problems with those who had to transcribe the Welsh name (and naming system) into the English speaking world. 

Pain and Penalty (25)

The Act of Union 1536 continues from post (24)...

"...and that the sheriffs and escheators of the said shire or county of Monmouth that hereafter shall be appointed by our sovereign lord the King, make their accounts for their said offices in the king's Exchequer in England, in like manner and form as other sheriffs and escheators do within this realm of England, and upon such like pain and penalty as is upon other sheriffs and escheators in every other shire within this realm of England."

What follows is a summary of the next clauses as written by C.H. William:

" [Clauses 5-8, 11-14, 16-19 make arrangements for allocating certain lordships, parishes, commotes, and cantreds to the shires of Wales.]"  Commotes and cantreds were the Welsh land organizational system utilized under Welsh laws.

No further details about these clauses are recorded in this document English Historical Documents, 1485 - 1558, edited by C.H. Williams, Oxford University Press, New York, 1967.

Obliged and Bounden (24)

The Act of Union 1536 continues from post (23)...

"... and that the sheriff escheators and coroners that hereafter shall be within the said county or shire of Monmouth 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 statues of this realm of England, in all and every thing as the sheriffs escheators and coroners be obliged and bounden to do in all and every other shire of this realm of England;...."

Obliged and bounden to execute the laws and statues of England.

In Like Manner (23)

The Act of Union continues from post (22)...

"...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;..."

The "plea of Replegiare" appears to be based upon a writ to recover personal property or chattels illegally taken. [a writ of Replevin ]  A discussion of writs can be found in Origins of The Common Law, by Arthur R. Hogue, Indiana University Press, Bloomington, 1966.

The King's Subjects (22)

The Act of Union 1536 continues from post (21)...

"...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, 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 statue usage custom liberty privilege or any other thing to the contrary in anywise notwithstanding;..."

Full Power and Authority (21)

The Act of Union continues from post (20)...

"...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 others officers of the said county of Monmouth, and also to direct writs of Venire facias to the same sheriff for the trial of every issue joined before them; 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;..."

A "writ" was a written order constituting a symbol of the power and authority of the issuer, in this case the monarch of England.  It required the Great Seal to be applied to become a legal document.

Venire facias = truth:facts = court of inquiry. [My translation, any other input? Please post.]

Nisi prius = unless:except - earlier:former = A earlier case already begun before the act came into force. [My interpretation, any other more precise information out there?  Please post.]