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This ends the Act of Union as recorded in English Historical Documents 1485 - 1558, edited by C.H. Williams, 1967.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.

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.

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.]

Further Enacted (20)

The Act of Union continues from post (19)...

"3. And it is further enacted...that all actions real that hereafter shall be conceived perpetrated or sued for any lands tenements hereditaments or any other thing within the said county or shire of Monmouth, and all actions personal within the same shire or county of the sum of 40.s. or above, and all actions mixed, shall be sued by original writ out of the King's high court of chancery in England, and heard determined and tried before the King's Justices in England or by Assie or Nisi Prius within the said county of Monmouth, in such like manner form and wise as all other actions real personal and actions mixed be sued heard determined and tried in or for any shire of this realm of England;...".

Nisi = if....not, unless, except   Prius = before, previously, thus my translation is "except previously (held)"

Not sure how 40.s. (shillings) would compare to today cost...anyone have a estimate?  Please post a comment in the comment section.

Every Part (19)

The Act of Union 1536 continues from post (18)...

"...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; 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; and that the sheriff's 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."

My translation of "alternis"= alternating, and "vicibus"= villages (towns).  Any folks out there have a precise definition?

Annexed and Joined (17)

The Act of Union 1536 continues from the post (16)...

"..., 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...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 shire of the said country or dominion of Wales in manner and form hereinafter following;..."

Practised and Executed (15)

The Act of Union continues from post (14)...

"...and that the laws ordinances and statues of this realm of England, for ever, and none other laws ordinances nor statutes from and 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 statue usage custom precedent liberty privilege or other thing had made used granted or suffered to the contrary in any wise notwithstanding."

None other laws, ordinances, or statutes than those used in the "realm of England" would be allowed in Wales. [All Saints was established by Alcuin in the year 800 AD to be on November 1.  It was initially a collective feast of the martyrs.  In earliest days martyrs were the only recognized saints.]

Similarly (10)

The Act of Union continues from (9)...:

"[II. Similarly, no persons to have power to make Justices of Eyre, Assie, Justices of the Peace or of Gaol Delivery except the King's Great Seal.]

[III. All original writs, judicial writs, indictments of treason, felony, and trespass to be made only in the King's name.]"

The system of courts and application of the laws, customs, and statutes were to be centralized with the central government, which in this case was the "Crown".

United and Knit (9)

The Act of Union continues from (8):

"...but that the King's Highness, his heirs and successors kings of this realm shall have the whole and sole power and authority, thereof united and knot to the imperial crown of this realm as of good right and equity it appertaineth; any grants, usages, prescriptions, allowances, act or acts of parliament or any other thing to the contrary hereof notwithstanding."

United and knit to the imperial crown...so be it.

For Reformation (8)

The Act of Union continues from (7):

"...for reformation whereof be it enacted...that no person or persons, of what estate or degree soever they be, from the first day of July, which shall be in the year of Our Lord God 1536, shall have any power or authority to pardon or remit any treasons, murders, manslaughters, or any kinds of felonies whatsoever they be; nor any accessories to any treasons, murders, manslaughters, or felonies; or any outlawries for any such offences afore rehearsed, committed, perpetrated, done or divulged or hereafter to be committed done or divulged by or against any person or persons in any part of this realm, Wales, or to the Marches of the same;..."

This section removed any judicial rights of the Marcher Lords.  This activity had been a major source of discontent along the border of Wales since William I made his appearance.

Most Ancient Prerogatives (7)

The next section to the Act of Union 1536 is given as "An  act for re-continuing Liberties in the Crown."  [St. 27 Hen. VIII, c. 24, 1535. (Stat. Realm, III, 555).  This continues from post (6):

"Where divers of the most ancient prerogatives and authorities of justice appertaining to the Imperial Crown of this realm have been severed and taken from the same by sundry gifts of the King's most noble progenitors, kings of this realm, to the great diminution and detriment of the royal estate of the same, and to the hindrance and great delay of justice:..."

The second issue to be addressed by this statue is the large number of independent estates (lordships) scattered about the Marches and Wales.  Each "lord" was an independent judge, jury, and administrator of his own area. 

Astricted and Obliged (6)

The Act of Union continues from (5)...

"...and also shall be sworn astricted and obliged to the keeping of their sessions of peace, and to the due execution of all and singular statutes and ordinances made and to be made in the like manner and form and under like pains and penalties as Justices of the Peace...in other shires of this realm of England be and shall be bounden and obliged; any act statute prescription usage custom liberty or privilege had made accustomed or used to the contrary notwithstanding."

The role of the justices were see that the laws of England were applied within the areas of Wales as outlined.   The are given as:  1) act, 2) statute, 3) prescription, 4) usage, 5) custom, 7) liberty, or 8) privilege.

Full Power and Authority (4)

The Act continues...from (3)...

"...which shall have full power and authority to inquire hear and determine all manner of thing and things inquirable presentable or determinable before Justices of Peace, Justices of Quorum and Justices of Gaol Delivery in other shires of this realm of England, by force or virtue of any statute or statutes made and to be made or by the course of the common laws of this realm;..."

According to Jackson, a statute provide that "worthy" men were to be appointed to keep the peacee and hear and determine felonies.  They were to hold their sessions four times a year.  The term "magistrate" has been used as an equivalent term to "justice of the peace". [See: The Machinery of Justice in England, by J.M. Jackson, p. 80]

Ordained and Enacted (3)

Act of Union continued in sequence from post (1)...(2)...:

"...It is ordained and enacted...that the Lord Chancellor of England or the Lord Keeper of the Great Seal for the time being from time to time and at all times shall have full power and authority by his discretion to nominate and appoint Justices of Peace, Justices of the Quorum and Justices of Gaol in the said counties...by commission under the King's Great Seal;..."

The "Lord Chancellor" or "the Lord Keeper of the Great Seal" were to have full power and authority to nominate and appoint judges in the various courts.

For those interested, a discussion of the judicial system in England can be found:

"The Machinery of Justice in England", by R.M. Jackson, Cambridge, At The University Press, 1940.  Chapter I is a historical introduction to the courts and common law.

More Reasons (2)

The document Act of Union continues:

from post  (1)

 "...By reason whereof the said murders robberies thefts trespasses and breaking of the peace have remained unpunished to the great animation of evil doers in the same counties: For redress and amputation whereof and to the intent that one order of ministering of his laws should be had observed and used in the same as in other places of this realm of England is had and used,..."

Let's see now...there were manifold :  1) robberies
                                                             2) murders
                                                             3) thefts
                                                             4) trespasses
                                                             5) riots
                                                             6) routs
                                                             7) embraceries [ an attempt to influence a jury corruptly]
                                                             8) maintenances [ an unlawful intermeddling in a legal suit by
                                                                                     assisting either party with means to carry it on ]
                                                             9) oppressions
                                                           10) ruptures of his peace
                                                           11) many other malefacts [ crime - from fr. malefacere = to do
                                                                                                                                                      evil ]

It would seem that everyone committing these things were getting away with it.  Since the reign of Henry VIII was certainly without any of the above, his realm should be applied to the counties and palatines so outlined.

The Rationale (1)

The underlying reason(s) for an action is often hidden in the fine print.  The Act of Union 1536 is pretty straight forward in giving an explanation of the controlling principles that were involved in its application to the laws of England.  The underlying reasons are stated in the first part of the sentence.

"The King's Highness considering the manifold robberies murders thefts trespasses riots routs embraceries maintenances oppressions ruptures of his peace and many other malefacts which be daily practised perpetrated committed and done within his counties and county palatines of Chester and Flintshire in Wales adjoining to the said county of Chester, and also in his counties of Anglesea otherwise called Anglesey Kaernarvon and Merioneth within his Principality of North Wales, and also in his counties of Cardigan, Carmarthen, Pembroke, and Glamorgan in South Wales, by reason that common justice hath not been indifferently ministered there like and in such form as it is in other places of this his realm;..."

Wow...some list of activities that were viewed from the English side of the fence.  The need for "common justice" administered in each county and county palatine in Wales as was done "in other places" begins the basic rationale.

Please note that post title(s) will be given a number which places the post in sequence to the Act of Union.  This is the (1) = first post which gives the document as written in English Historical Documents 1485 - 1558, edited by C.H. Williams, Oxford University Press, NY in 1967.   The Act of Union is recorded on pages 555 - 560.

The Purpose

Family trees that involve branches through Wales and England can present a variety of difficult tasks.  Many of the surnames associated with these tasks have a relationship to the Act of Union 1536.  It is the purpose of this blog to present this document as recorded in "English Historical Documents 1485 - 1558", edited by C.H. Williams, Oxford University Press, 1967.  The blog is intended for the genealogist who desires to read and understand the "primary" documents.  The content will provide the factors that played such an important role in the many surnames from Wales that resulted during this transition period. 

The statue is titled "An act for making of Justices of Peace in Wales, 1535".  It is recorded "St. 27 Hen. VIII, c. 5".  There is also a reference as (Stat. Realm, III, 534).

The posts will be given in brief sections with my comments included.  Perhaps this blog will generate interest into the origin of other surnames besides my own...JONES.

For a discussion of the JONES surname and the Act of Union 1536, see my other blog posts... "Impact Act of Union 1536"; Thursday, Feb. 24, 2011... @ thejonessurname.blogspot.com.

Let's begin.