l. XCV All Officers and other Persons in Wales shall be obedient attendant and assisting to the President Council and Justices of Wales and shall obey the Kings commands and Process from any of them directed and all lawful and reasonable precepts of them and every of them and also shall be obedient to all Justices of Peace Sheriffs and Escheators within their several limits in all things appertaining to their duties and offices XCVI Also Escheators shall be named in every of the said Counties by the Treasurer of England with the advice of the President Council or three of them whereof the President to be one which Escheators shall make oaths and acknowledge Recognizances before the President or one of the Justices by a Dedimus for the due execution of their offices and for their true account before the King's Auditor or Auditors to be assigned for that purpose which Oath and Recognizance shall be agreeable to those used for Escheators in England XCVII Such Escheators shall yearly have their Patents under the great Seal shall exercise their Offices as Escheators in England and shall be bound to all Laws and Statutes of England But they need not have above 5 l. per annum freehold and shall account yearly before such Auditor or Auditors as the King shall assign for Wales XCVIII There shall be also two Coroners elected for each of the said twelve Shires by the Writ De Coronatore Eligendo awarded out of the Chancery of England which Coroners shall exercise their Offices and have like Fees as in England Only the Writ de Cor. elig for the County of Flint shall be directed out of the Exchequer of Chester XCIX The Justices of Peace or two of them 1. Qu. shall appoint in every Hundred within their limits two substantial Gentlemen or Yeomen to be chief Constables of the Hundred where they dwell who shall preserve the Peace and use their Offices and be bound in all things as High-Constables in England C. The Sheriff shall have a Goal in a place of the Castle of the Shire-Town or such other convenient place as by the President Council and Justices or three of them whereof the President to be one shall be appointed any Patent or Grant notwithstanding The Sheriff also shall make Bailiffs of the Hundred who shall attend upon the Justices at their Courts and Sessions CI. Sheriffs shall keep their Counties monthly and their Hundred-Courts for pleas under 2 l. and shall take for entring of Plaints Process Pleas and Judgements there as is used in England and not above Also all Trials in such Courts or before Stewards in Court Barons shall be by Wager of Law or Verdict of six Men at the election of the Party Plaintiff or Defendant that pleads the Plea CII Sheriffs shall hold their Turns yearly after Easter and Michaclmas as is used in England CIII The King shall have all Fines Issues Amerciaments and Forfeitures lost in the said Courts and Turns to his own use and the Sheriff shall account for the same accordingly having been first afferred by the Justices of Assize of that Circuit before they be levied And the Sheriff shall not levy them before they be so afferred in pain to forfeit to the King 40 s. Also the Sheriff upon every Judgement in his County or Hundred Court may award a Capias ad satisfaciendum or a Fieri facias at the election of the Plaintiff CIV Certain Fees which the Sheriff is to have for the return and execution of divers Writs For which see the Statute at large CV Every Sheriff within this limit may put suspitious persons under common Main-prise according to the Statute of 47 H. 8.26 which see before binding them with two sufficient Sureties by Recognizance to appear before the Justices at the next great Sessions and shall then also certifie the names of the parties so bound without concealment CVI. The Sheriffs Fee for taking such common Main-prise is 2 d. but he shall take no Fee for the return of any Writ of Execution unless he return the same executed CVII The Fees of Sheriffs Escheators and Coroners and their Ministers Prothonotaries and their Clerks and other Ministers of Justice in Wales shall be rated augmented and diminished by the President Council and Justices or three of them whereof the President to be one from time to time at their discretions CVIII None for Murder or Felony shall be put to his Fine but suffer according to the Laws of England except it please the King to pardon him And if the Justices see cause of pity or other consideration they may reprieve the prisoner till they have advertised the King of the matter CIX The Statute of the 26 H. 8.6 which see before is confirmed notwithstanding this Act and from henceforth shall be put in execution CX Abertannad heretofore reputed parcel of the County of Merioneth shall now be annexed to Salop and be reputed parcel of the Hundred of Oswestry CXI If any sorreign Plea or Voucher be pleaded or made before any of the Justices of Wales tryable in any other County in Wales in this case the said Justice shall send the Kings Writ with a transcript of the Record unto the Justice of the County where the matter is tryable commanding him to proceed to the tryal thereof according to Law which tryal being had he shall remand it with the whole Record unto the Justice that sent it who thereupon shall proceed to Judgement as the Cause shall require but if such Plea or Voucher be tryable in England the Justice of Wales before whom they are pleaded or made may proceed to tryal thereof in such County of Wales where they are so pleaded or made such forreign Plea or Voucher notwithstanding CXII All Lands Tenements and Hereditaments in Wales and in the Lordships and places annexed by the Statute of 27 H. 8.26 to the Counties of Salop Hereford Glocester or any other Shires shall be English tenure and not partable amongst Heirs males according to the Custom of Gavelkind CXIII No Mortgages of Lands c. made in any of the said Counties or places shall be hereafter allowed or admitted otherwise then after the course of the Common-Law and Statutes of England CXIV It shall be lawfull for all persons to alien their Lands c. in Wales the County of Monmouth and other places annexed as aforesaid from them and their Heirs to any person or persons in Fee-simple Fee-tail for life or years according to the Laws of England notwithstanding any Welch Law or Custom to the contrary CXV If any person having Lands in Wales be bound in England by a Statute staple of Recognizance and pay not the Debt accordingly in such Cases upon Certificate into the Chancery of England Processes shall be made to the Sheriffs of Wales out of the said Chancery for the due levying of the said Debt as is used in England Howbeit for such Recognizances as are taken in the Kings Bench or Common Place of
Dominus Rex non vult quod consuetudo illa abrogetur sed quod haereditates remaneant partibiles inter consimiles haeredes sicut esse consueverunt fiat partitio illius sicut fieri consuevit Hoc excepto quod bastardi non habeant de caetero haereditates etiam quod non habeant p. partes cum legitimis nec sine legitimis Et si forte haereditas aliqua ex tunc pro defectu haeredis masculi descendat ad legitimas mulieres haeredes ultimi antecessor sui inde seisiti volumus de gratia nostra speciali quod eodem modo mulieres legitimae habeant p. partes suas inde sibi in Cur. nostra assign licet hoc sit contra consuet Wallensicam ante usitatam Et quia Wall nobis supplic ut eis concedamus quod de rebus suis immobilibus veluti de terris ten iuquiratur veritas per bonos leg homines de visneto de consensu partium electos de mobilibus sicut de contractibus debitis fidejussionibus conventionibus transgressionibus catallis omnibus allis hujusmodi mobilibus uti possint lege Wallensica qua uti consueverunt quae talis erat Quod si aliquis conquereret de alio de contractibus vel factis in tali loco quod posset intentio quaerentia probari per. videntes audientes Cumque petens per hujusmodi testes quorum testim reprobari non posset probaverit intentionem suam recuperaret rem petitam condemnaretur pars adversa in aliis quae non possit probari per videntes audientes esset pars defendens ad purgationem suam aliquando cum pluribus aliquando cum paucioribus secundum qualitatem quantitatem rei vel facti in furto si furtum inven in manu se purg non posset sed pro convicto haberetur ¶ Nos pro communi pace quiete dicti populi nostri terrae nostrae Wall praemissa eis concedimus Ita tamen quod in furtis latrociniis incendiis murdris roberiis manifestis notoriis locum non habeant nec ad ea aliquatenus se extendant in quibus volumus quod utantur legibus Angliae prout superius est expressum Et ideo vobis mand quod praemissa de caetero in omnibus firmiter observetis Ita tantum quod quotiescunque quandocunque ubicunque nobis plac possimus praedicta statuta eorum partes singulas declarare interpretari addere sive diminuere pro nostrae libito voluntatis prout securitati nostrae terrae nostrae praedictae viderimus expedire In cujus rei testimonium praesentibus sigillum nostrum est appensum Dat apud Rothelan die dominica in medio quadragessimae Anno Regni nostri xij An Abridgement of the Statutes uniting Wales to England and establishing the Courts of the Great Sessions there I. STat. 26. H. 8.4 Forthwith upon the charge given to an Enquest in Wales or the Marches thereof upon any traverse against the King or trial of any recognizance broken or any forfeiture due to the King or upon trial of any murderer felon or accessary an officer or other person shall be deputed and sworn in open Court for the true keeping of the Jurors who without special order of the Court shall not suffer them to have any bread drink meat fire or light nor to speak to any person whatsoever nor speak to them himself before they are agreed upon their verdict unless it be only to ask them whether or no they are agreed and all this such Keeper shall observe in pain to be imprisoned and fined at the diseretion of the Court. II. Here if the Jurors give any untrue Verdict against the King contrary to good and pregnant Evidence or otherwise misdemean themselves the Lord President and Council upon complaint thereof have power to convent them before the said Council and to punish them at their discretion III. Stat. 26. H. 8.6 All Persons dwelling in Wales or the marches thereof upon warning of any Court to be kept within their respective limits shall appear there in proper person to do their service in pain of such fines forfeitures and amerciaments as shall be assessed upon them by the respective Courts where they owe such service to be levied by distress to the use of the King within his Lordships there and of other Lords marchers within theirs IV. If any Steward or other Officer there do feign any untrue surmise against any person that shall so appear as aforesaid and thereupon commit him to prison contrary to Law or the Custome of that Lordship the Commissioners or Council upon complaint have power to send for such Steward or Officer and if upon good proof it be found that the party was so imprisoned without lawful cause they shall assess such Steward or Officer to pay him 6 s. 8 d. for every day of his imprisonment or more at their discretions as the damage shall deserve the Commissioners shall also fine him to the Kings use whether he appear or not and may compel him by imprisonment to pay such fines and penalties both to the King and the party grieved V. Courts in Wales and the Marches thereof shall be kept in the most sure and peaceable places of each Lordship Marcher where the Justice Steward or other Officer thereof shall appoint VI. Justices of Peace and Goal-delivery in the Counties next adjoyning to Wales where the King 's Writ runneth may hear and determine the offences of Counterfeiters Washers Clippers or Diminishers of Coin and all Felonies and their Accessaries committed in Wales or the Marches thereof And acquital or fine making for any of the said offences in any Lordship Marcher shall be no bar for any Person or Persons indicted for the same within two years next after such offence committed VII The said Justices of Peace and Goal-delivery have power to award all manner of Process as well of Outlawry as otherwise against every such offender and shall send to the Lord or Officer of the Lordship where the Offender is resident a Certificate under the Seals of two of them at least of any such Outlawry or Attainder commanding him under the pain of 100 l. to be forfeited to the King to apprehend or cause to be apprehended the body of such Offender and safely to keep him until such convenient time before the next Goal delivery of the County where he was so outlawed as shall be thought fit for his conveyance thither and then he shall be conveyed from Marcher to Marcher by the Lords or Officers thereof to the said next Sessions of Goal-delivery of the County where he was so outlawed as aforesaid And here the Lords Marchers and Officers aforesaid by whom he is so to be conveyed shall not be negligent herein in pain to forfeit each of them so making default 100 l to belevied to the King's use Also the said Lords or other Officers shall at the said Sessions make due return of
Mountgomery Denbigh Carnarvan Flint Merioneth and Anglesey which Sessions shall be called the Kings great Sessions LIV. The Justices of Chester shall hold Sessions twice a year in the Counties of Denbigh Flint and Mountgomery for his old Fee of 100 l. per annum LV. The Justices of North Wales shall do the like in the Counties of Carnarvan Merioneth and Anglesey and shall have a Fee of 50 l. per annum LVI A person learned in the Law to be appointed by the King shall be Justice in the Counties of Radnor Brekenoke and Glamorgan and shall likewise hold Sessions twice a year and have for his Fee 50 l. per annum LVII Another such person to be appointed as aforesaid shall be Justice in the Counties of Caermarthen Pembroke and Cardigan and shall hold Sessions and have Fee as aforesaid LVIII The said Justices shall have Commissions under the Great Seal for their Offices to be executed by themselves or their Deputies LIX These Justices may hold Pleas for the Crown in as large manner as the Lord Chief Justice or the other Justices of that Bench may do and also Pleas of Assizes and all other Pleas and Actions real personal and mixt in as large manner as the Chief Justice of the Common Place or the other Justices of that Court may do LX. They shall also enquire hear and determine all criminal offences whatsoever committed within their several limits and administer common justice to all the Kings Subjects there according to the Laws Statutes and Customs of England and this present Ordinance LXI The said Sessions shall each of them hold six dayes as hath been used in North Wales and notice thereof shall be given by Proclamation fifteen dayes at least before they keep the same LXII Dayes shall be given in all Pleas Plaints Process and Adjournments from day to day and Sessions to Sessions at the discretion of the said Justices for the good and speedy administration of Justice LXIII The Seal for the three Counties of North Wales viz. Merioneth Carnarvan and Anglesey shall remain in the custody of the Chamberlain of North Wales The Seal for Carmarthen Pembroke and Cardigan with the Chamberlain of South Wales That for Brekenoke Radnor and Glamorgan with the Steward and Chamberlain of Brekenoke That for Denbigh and Mountgomery with the Steward and Chamberlain of Denbigh And that for Flint with the Chamberlain of Chester LXIV The said Stewards and Chamberlains shall with the Seals seal all original Writs and Process returnable before the Justices at the Sessions as aforesaid and shall answer the Profits thereof to the King But none of them or any Chancellor shall by occasion of keeping such Seals compel any person inhabiting in any of the said twelve Shires to appear before themselves or their Deputies or hear or determine any Pleas or Causes whatsoever otherwise then as by this Ordinance is limited And such Writs and Process shall be returned before the said Justices as hath been used before the Justice of North Wales LXV All that shall be Stewards Chamberlains or Chancellors within any of the said twelve Shires having Offices of Receipt Collection or account of any of the Kings Rents Revenues or Profits there may direct Process under the said Seal being in their charge within the limits of their Authorities against Bailiffs Reeves Fermers and other Ministers accomptant to appear before themselves for any such Rents Revenues Farms or Profit as hath been heretofore used But for nothing else nor to any other person LXVI The Steward 's also may hold Leets Law-dayes or Court-Barons of the Lordships whereof they are Stewards and also Pleas by Plaint under 40 s. in every such Court-Baron and have and enjoy all Authorities and Profits thereunto belonging notwithstanding any Law or Custom in Wales to the contrary Howbeit neither they nor Sheriffs shall have power to enquire of Felonies in any such Leet Law-day or Turn Neither shall they keep any Leet or Law-day but in such places where they were used to be kept before the Statute of 26 H. 8.6 So as the place be convenient for the keeping of such Courts LXVII Maiors Bailiffs and Head-Officers of Corporate Towns in Wales may hold Pleas and determine Actions so as they observe the Laws of England and not Welch Laws or Customs They may also try Issues by six men as in divers places hath been used notwithstanding this Act. LXVIII The King may within seven years dissolve Boroughs in Wales and erect others there by his Letters Patents LXIX Officers certain Fees appearing in the Kings Letters Patents shall continue but not their casual Fees claimed by colour of their Offices any Custom in Wales or this Act to the contrary notwithstanding LXX Each Justice shall also have a judicial Seal to seal all Bills and judicial Processes sued before them in the Sessions whereof the first shall remain with the Justice of Chester for Flint Denby and Mountgomery The second with the Justice of North Wales The third with the Justice of Glamorgan Brekenoke and Radnor And the fourth with the Justice of Pembroke Caermarthen and Cardigan Also every such Justice shall accompt and answer to the King the Profits of the Seal in his custody as shall be hereafter declared And the Teste of every Bill and Process that passeth under such Seal shall be under the name of the Justice that issueth it out as is used in the Common Place in England LXXI All Actions real and mixt Attaints Conspiracies Assizes Quare impedits Appeals of Murder and Felony and all Actions grounded upon any Statute shall be sued by Original Writs sealed with the Original Seal and returnable before the Justices at their Sessions but all personal Actions as Debt Detinue Trespass Account and the like amounting to the summe of 40 s. or above shall be sued by such Writs Original or by Bills at the election of the Plaintiff as is used in North Wales LXXII All personal Actions under the sum of 2 l. may be sued by original Bill as is also used in North-Wales sealed by the Judicial Seal remaining in the custody of the Justice LXXIII The Fee for sealing every original Writ upon the Causes aforesaid and for every Bill in Actions personal when the Debt and Damages amount to 2 l. or above is 6 d. and for every Judicial Process sued upon any such original Writ or Bill 7 d. whereof the King shall have 6 d. and the Justice 1 d. And for every Bill in personal Actions when the Debt and Damages amount not to 2 l. and for every Judicial Process to be sued upon the same 3 d. whereof the King is to have 2 d. and the Justice 1 d. LXXIV All Writs of Scire facias and Writs of Good Abearing or for the Peace or Writs of Supersedeas upon the same and all other Process sued before the Justices upon any Record or Suggestion shall be sealed with the Judicial Seal for which the Plaintiff shall pay 7 d. whereof