1535.] WALES. 193 wards England. Up to that time the administration of justice in the principality was chiefly in the hands of the lords marchers, their officers and deputies; and in the course of this reign acts were passed directed to the improvement of the judicial system which they administered. These acts describe Wales as in a very lawless state; the people demoralized and depressed, and the power of the lords marchers, and their administration of justice, much abused. But by later acts the improvement of the old system was abandoned, and the English laws and judicial system were substituted for those of Wales. The lord chancellor was empowered to appoint justices of the peace, and justices of gaol-delivery, for the county of Chester, and the several counties of Wales.' Wales, it was declared, should be incorporated with England, and all persons born in the principality should enjoy and inherit all the freedoms, liberties, rights, privileges, and laws of England; and landed property should be inheritable after the English tenure. The lordships marchers in the dominion of Wales, described as "lying between the shires of England and those of Wales, and not being parcel of any shires," were united and annexed, some to the shires of England, and others to the existing shires of Wales. The residue were divided into new counties;-the counties of Monmouth, Brecknock, Radnor, Montgomery, and Denbigh. Other lordships were united and annexed to the English counties of Salop, Hereford, and Gloucester, and to the then existing Welsh counties of Glamorgan, Carmarthen, Pembroke, Cardigan, and Merioneth. County towns were appointed for the several counties, where the county courts were directed to be held, and where justice was to be administered and executed according to the laws, customs, and statutes of England,and after no Welsh laws. The English language was or dered to be used in all law proceedings; no person being eligible to any office in England or Wales unless he used the English language. The county of Monmouth was em1 27 Henry VIII., cap. 5. K powered to send two knights, and the borough of Monmouth one burgess to parliament. The twelve counties of Wales were each empowered to send one knight; and every borough, being a shire-town, (except the shire-town of the county of Merioneth,) one burgess. The county of Monmouth was placed under the jurisdiction of the king's courts of Westminster, and the king was empowered to institute new courts of record, and to appoint justices for Wales.1 Under this power, and by virtue of a statute passed a few years later,2 courts of justice, called Courts of Great Sessions, were established; and these continued to administer justice in law and equity, and also in criminal matters arising within the principality, until the courts were abolished by statute3 in the year 1830, and Wales was put under the jurisdiction of the courts and judges of Westminster Hall. Haverfordwest, a county of itself, (it was enacted,) should for ever find one burgess for the parliament, his charges to be borne by the mayor, burgesses, and inhabitants. To restore to the crown some of its ancient prerogatives which had been granted away from it by the king's progenitors, an act was passed declaratory of the prerogatives. No person, but the king, should have any power or authority to pardon or remit treasons, murders, manslaughters, or felonies. All justices of eyre, justices of assize, justices of peace, and justices of gaol-delivery, should be made by letters-patent under the king's great seal; and the king's supreme authority, and the currency of the king's writ in counties palatine, and in other subordinate jurisdictions, were recognized.4 The offence of high treason was extended in this reign to many cases far beyond the ancient statute of treason of Edward III. Henry also caused a statute to be passed, empowering the king for the time being, with the advice of 127 Henry VIII., cap. 26 (1535). 234 and 35 Henry VIII., cap. 26 (1542-3). 4 27 Henry VIII., cap. 24. 1535.] CONSTITUTIONAL STATUTES. 195 his council, to issue proclamations, under pains and penalties to be observed as though they were made by act of parliament.1 It was amongst the earliest acts of Edward VI. to repeal all such of the treasons of this reign as were carried beyond the ancient statute, as well as the unconstitu tional act for proclamations. Amongst the general body of the statutes of this reign, two may be noticed for adapting the law to the exigencies. of society. A statute was passed which enacted that all persons seised in fee-simple (except married women, infants, idiots, and persons of nonsane memory) might devise by will and testament two-thirds of their lands held in chivalry, and the whole of their lands held in socage." Another is the first bankrupt-law that appears in the statute-book,3 1 31 Henry VIII., cap. 8; repealed 1 Edward VI., cap. 12. ́ 232 Henry VIII., cap. 1., explained by 34 Henry VIII., cap. 5. 3 34 & 35 Henry VIII., cap. 4. 196 CHAPTER XI. EDWARD VI. 1547-1553. Reigned 6 years. Character of the Legislation of this Reign.-First Parliament.-Protes tant Principles enforced.-Sacrament in both kinds.-Unconstitutional Acts of Henry VIII. repealed.-Act of Uniformity of Common Prayer. OUR purpose does not require any minute examination of the legislation of the reigns of Edward VI. and Mary. For the most part it was temporary, subverting and subverted. Edward, son of Henry VIII. by Jane Seymour, ascended the throne on the 28th of January, 1547, being then but nine years old. He was placed, during his minority, by his father's will, under the protection of a council, of which his uncle, whom he created Duke of Somerset (usually styled the Protector Somerset), and Archbishop Cranmer, immediately became the controlling members. They favoured the Protestant religion, in which they were ardently supported by Edward; and they enforced the profession and exclusive adoption of Protestant principles and doctrines. After a reign of six years, Edward was succeeded by his half-sister Mary, daughter of Katherine of Arragon, educated in the strictest principles of the Romish religion. Immediately on her accession, she caused all the statutes of Edward, establishing the Protestant religion, to be repealed, and she employed her short reign in restoring the papal power, the Roman Catholic institutions, and the exclusive profession and adoption of the Roman religion. As these were again 1548.] PBOTESTANTISM EXTENDED. 197 overturned by Elizabeth, as soon as she succeeded to the throne, the legislation of the reigns of Edward and Mary became, for the most part, merged in that of Elizabeth. There was one exception, however, the act for the uniformity of common prayer, passed by Edward, was revived by Elizabeth, and still remains the basis of the authority by which the Book of Common Prayer is now used in the Church of England. Edward's first parliament met on the 4th of November, 1547, and its first statute was to establish Protestant views concerning the administration of the sacrament. After declaring that it was more agreeable to the first institution of the sacrament, and the practice of the apostles, that it should be ministered to the people in both kinds, of bread and wine, than under the form of bread only; and that the people should receive it with the priest, and that the priest should not receive it alone, a law was made to that effect.1 The same parliament overthrew some of the unconstitutional laws of Henry VIII. It abolished all new-made treasons since the statute of Edward III.; and by a very sweeping clause, it repealed all previous statutes concerning religious opinions, and concerning doctrine or matters of religion. It repealed the act of Henry giving his proclamations the force of laws. But it imposed heavy penalties, and for the third offence made it high treason to preach or affirm in words,— and for the first offence, high treason to affirm in writing,— that the king was not head of the Church, or that the pope was. It repealed all offences made felony since the statute 21 Henry VIII. It took away the benefit of clergy and sanctuary from persons convicted of murder, of poisoning, of house-breaking, of highway-robbery, of horse-stealing, and of robbing from a church; but it declared that a lord of parliament, or peer of the realm, should of common grace have benefit of clergy, though he could not read, without 1 Statute 1 Edward IV., cap. 1, an act against such as shall unreverently speak against the sacrament of the altar, and the receiving thereof under both kinds. |