the King is to have 6 d. and the Justice 1 d. LXXV Every Exemplification upon any Record shall be sealed by the Judicial Seal for which the Plaintiff shall pay 1 s. 8 d. whereof the King is to have 1 s. 4 d. and the Justice 4 d. LXXVI Recoveries and Fines Concords and Warrants of attorny for the same may be taken before the said Justices of Lands Tenements and Hereditaments within their Authority by force of his general Commission without any dedimus as is used before the Chief Justice of the Common Place LXXVII All Fines levied before any of the Justices with Proclamation made the same Sessions it shall be engrossed and in two other great Sessions then next following shall be of the same force as Fines levied with Proclamations before the Justices of the Common Place LXXVIII Every Person suing Writs of Entry in the Post or Writs of Covenant or any other Writs for any recovery to be had by assent or otherwise or for any Fine to be levied shall pay Fines to the King's use for the same as well Fines pro licentia concordandi as all other Fines as is used in Chancery or elsewhere in the King's Courts of England which Fines shall be paid to such Persons as shall seal the original Writs for that purpose who shall account for the same as they do for the profits of the said original Seal LXXIX Also the King's silver upon every such Fine shall be paid as is used in the Common Place of England viz. 2 s. and shall be received by the Justice before whom such Fine is levied whereof the King shall have 1 s. 4 d. the Prothonotary for entring it 2 d. and the Justice the rest who shall account for the King's profit as he doth for the profits of the Judicial Seal LXXX The four said Justices shall have each of them a Prothonotary to attend upon them for the entring of all Pleas Process and matters of Record in Sessions to be holden before the said Justices LXXXI There shall be a Marshal and a Crier in every of the said Circuits to be named by the said Justices as Justices of Assize in England use to do which Officers shall attend upon the said Justices in their Circuits in proper Person and not by Deputy LXXXII The Marshal shall have upon every Judgement and every Fine 4 d. and the Crier 1 d. and the like Fees shall be paid upon the acquital of Felons and of such as be delivered by Proclamation or out of Common Mainprise LXXXIII Here also are set down the Fees that the Prothonotaries shall take for Writs Entries Judgements c. for which see the Statute at large LXXXIV The King shall have all Fines Issues Amerciaments and Recognizances forfeited which the Prothonotaries shall yearly estreat into the Exchequer appointed for that limit that Process may be awarded to the Sheriff to levy them for the King's use which Sheriffs shall yearly account before the King's Auditors to be thereunto assigned LXXXV Besides the President Council and Justices aforesaid there shall be Justices of Peace and Quorum and also one Custos Rotulorum in every of the said twelve Counties who shall be appointed by the Chancellor of England by Commission under the great Seal with the advice of the President Council and Justices aforesaid or three of them whereof the President to be one LXXXVI There shall not be more then eight Justices of Peace in any of the said twelve Shires besides the President Council and Justices aforesaid and the King's Attorney and Solicitor all which Persons shall be also put in every such Commission LXXXVII These Justices of Peace shall be of good name and same and may exercise their Office albeit they have not 20 l. per annum or be not learned in the Law but before they shall execute their Commission they shall take such Oath as Justices of Peace in England use to take before the Chancellor of England or else before the President or one of the same Justices of Wales by dedimus or before some other to be appointed by the Lord Chancellor for the purpose LXXXVIII The said Justices of Peace or two of them at least 1. Qu. shall keep their Sessions four times in the year and at other times also upon urgent cases as Justices of Peace in England use to do for which they shall also have such allowances for themselves and their Clerks as the Justices in England have LXXXIX Here the Fee for a Warrant of the Peace or good Abearing is 6 d. for entring of Pledges to pay the King a Fine upon an Indictment 9 d. and if it be with Protestation 12 d. for a Supersedeas 8 d. and for a Recognizance 12 d. XC These Justices of Peace shall certifie Recognizances taken before any of them for the Peace and good Abearing into next Sessions but Recognizances taken before them for suspition of Felony shall be certified before the Justices at the next great Sessions without concealing them upon such penalties as be therefore ordained XCI All Fines and Amerciaments lost before the Justices of Peace shall be asserted by two of them at least 1. Qu. and shall be duly set without partiality XCII All such Fines and Amerciaments as also all Issues lost forfeited Recognizances and other Forfeitures before the said Justices of Peace shall be yearly estreated by the Clerks of the Peace into the Exchequer appointed for that limit to the end that Processes may be thereupon awarded for the levying of them for the King's use to the Sheriff of every County who shall account before such Auditors as shall be thereto assigned which Auditors shall make due allowance unto the Sheriffs upon their accounts for the Fees of the Justices and Clerks of the Peace as is used in England XCIII The President Council and Justices of Wales or three of them at least whereof the President to be one shall yearly nominate three able Persons in every of the said twelve Shires to be Sheriffs thereof and shall certifie their names to the Lords of the Privy Council Crast Animarum to the end the King may appoint one of them in every of the said Shires to be Sheriff for that year like as is used in England And thereupon the said Sheriffs shall have their Patents under the great Seal of England and shall make Oath and acknowledge Recognizances before the President and Justices or one of them by a Dedimus for the due execution of their Offices and for their just account before the Kings Auditors assigned for Wales XCIV The said Sheriffs have power to use their Offices as Sheriffs of England do shall be observant to all lawful commands and precepts of the President Council Justices of Wales Justices of Peace Escheators and Coroners and every of them in all things appertaining to their Offices shall yearly account to the Auditor or Auditors assigned by the King for Wales and shall each of them have yearly for his Fee 5
such Certificate upon the like pain Howbeit here all Traverses Challenges Exceptions Advantages and all other Pleas upon any such Outlawry are saved to the Offender VIII Here an Offender attainted of Felony as principal or accessary upon surety found for the good behaviour may for one time only by the assent of the President and two Commissioners be discharged and admitted to a fine to be levied for the Kings use so as no appeal be then depending against him for such offence IX Provided that this Act shall not extend to abridge the liberty of any Lord Marcher unless such Offender be outlawed or attainted by force of this Act within two yeares after the offence committed X. All Felonies and their Accessaries committed in the County of Merioneth shall be inquired heard and determined in the Counties of Carnarvan or Anglesey before the Justice of North Wales or his Deputy by Enquest of Carnarvan and Anglesey or otherwise at the discretion of such Justice or his Deputy XI All Officers and their Deputies upon command of the Commissioners or Council shall bring send or deliver every Offender in Felony to the Officer of the Lordship Marcher or other place where the offence was committed upon the bounds of such Lordship or to the said Commissioner or Council as such Officers shall be commanded in pain of 40 l. which command shall be so sent by a Serjeant at Arms or a Pursuivant then Attendant upon the said Council XII Stat. 27. H. 8.26 Wales shall be incorporated united and annexed to and with England and all Persons born there shall enjoy all Liberties as other Subjects in England do also Lands shall descend there according to the English Laws and not after the form of any Welch Laws or Customs XIII The Laws and Statutes of this Realm and none other shall be had and used and executed in Wales in like manner as in this Realm and as shall be further declared by this Act. XIV Divers Lordships Marchers are united to English Counties others to Welch Counties and the residue are divided into new particular Counties by themselves viz. Monmouth Brekenoke Radnor Mountgomery and Denbigh XV. The County of Monmouth shall consist of these Lordships Townships Parishes Commotes and Cantredes viz. Monmouth Chepstow Maherne Llamnihangel Magor Goldecliffe Newport Wenlong Llanwerne Caerlion Vske Trelecke Tinterne Skinfreth Grousmount Wite Castle Regian Calicote Biston Abergavenny Penrose Greenfield Maghen and Hochuystade all which said places shall be hereafter guildable and reputed as parts and members of the County of Monmouth whereof Monmouth shall be reputed the Shire-Town And the Sheriff of the County shall keep his Country Court at Monmouth and Newport alternis vicibus XVI All Actions for Lands and other things may be laid and sued in the County of Monmouth and tried there by Assize or Nisi prius and Venire facias and all other Process may be awarded thither by the Justices Also the Inhabitants there shall be obedient to the Kings Officers and Laws and the Sheriffs and Escheators of that County shall perform their duties and render account in the Exchequer as is used in or for any other County of England XVII The Lordships Towns c. to be reputed members of Brekenokeshire shall be Brekenoke Crekehowell Tretoure Penkelly English Talgarth Welch Talgarth Dians the Hai Glinebogh Broyulles Canterbely Lando Blainlinby Estrodew Buelthe and Lingros Also the Shire-Town shall be Brekenoke and the Shire Court shall be kept there XVIII The Lordships Towns c. of Radnorshire shall be New-Radnor Elishâ—rman Glawdistre Mihelles Church Meleneth Blewagh Knighton Norton Preston Commorhader Rayder Gwethronyon and Stonage Here also New-Radnor shall be the Shire-Town and the County or Shire-Court shall be holden at New-Radnor and Rother Gwy in the same County alternis vicibus XIX Those of Mountgomeryshire shall be Mountgomery Cedwenkery Cawryland Arustely Kiviliocke Doythur Powesland Clunesland Balisle Temycester and Alcestre Whereof Mountgomery shall be the Shire Town and the County-Court shall be holden there and at Maghenteth in the same County alternis vicibus XX. Those of Denbighshire shall be Denbyland Ruthin Saint Kiynllethowen Bromfield Yale Chirk Chickland Molesdale and Hopesdale The Shire-Town also shall be Denbigh and the County Court shall be holden at Denbigh and Wrixham in the said County alternis vicibus XXI The King shall yearly appoint Sheriffs Escheators and other Officers accomptants for the Counties for Brekenoke Radnor Mountgomery and Denbigh and shall have a Chancery and Exchequer at Brekenoke where the said Officers of the Counties of Brekenoke and Radnor shall yearly accompt before such Auditors Chamberlain and Baron as the King shall appoint for that purpose There shall be also another Chancery and Exchequer at Denbigh where the said Officers of the Counties of Montgomery and Denbigh shall also accompt before such Auditors Chamberlain and Baron as aforesaid XXII Justice shall be administred and executed in the Counties of Brekenoke Radnor Mountgomery and Denbigh according to the Laws and Statutes of England and such other Customes and Laws now used in Wales as the King and his Council shall allow by such Justice or Justicers as shall be thereunto appointed by the King and after such manner as Justice is administred in the Counties of North-Wales XXIII In the Marches of Wales there shall be made guildable and annexed to the County of Salop the Lordships Towns Parishes Commotes Hundreds and Cantredes of Oswestrie Whetington Masbroke Knoking Ellesiner Down and Cherbury Hundred Here also Oswestrie Whetington Masbroke and Knoking shall be known by the name of the Hundred of Oswestrie and the Inhabitants thereof shall be attendant at Sessions Assizes and Goal-delivery as the Inhabitants of other Hundreds within the said County of Salop use to do Also Ellesmer cum membris shall be united to the Hundred of Pimhill in Com. Salop. and the Inhabitants thereof shall be attendant as aforesaid Likewise the Lordship of Down cum membris shall be united to the Hundred of Cherbury in Com. Salop. and the Inhabitants thereof shall give their attendance as aforesaid Howbeit neither the said Hundreds of Cherbury or Oswestrie nor the Lordship of Ellesmer shall be hereby otherwise priviledged then as Hundreds annexed to the County of Salop as other Hundreds be within the same County XXIV In like manner the Lordships Towns Hundreds c. annexed to the County of Hereford are Ewyas Lacy Ewyas Harold Clifford Winforton Yerdosley Huntington Whitney Wigmore Logharneis and Stepluton whereof Wigmore and Logharneis with their members shall be called the Hundred of Wigmore and Ewyas Lacy cum membris the Hundred of Ewyas Lacy but Ewyas Harold shall be united to the Hundred of Webree in Com. Hereford and Clifford Winforton Yerdlesley Whitney and Huntington shall be called the Hundred of Huntington Here also the Inhabitants shall be attendant at Sessions Assizes and Goal-delivery holden for the County of Hereford but these Lordships c. shall claim no priviledge but as Hundreds or Members
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
England Processes shall be pursued immediately from the Justices of the said Courts as in England also is used CXVI All such Writs Bills Plaints Pleas Process Challenges and Trials shall be used throughout all the Shires aforesaid as are used in North Wales or as shall be devised by the President Council and Justices or three of them whereof the President to be one CXVII Where there shall be some Suits in Pleas personal which cannot be well tryed before the Justices in the great Sessions for shortness of time such Issues may be tryed at the petty Sessions before the Deputy Justices as is used in the three Counties of North Wales save only for such Suits as by the discretion of the said Justices shall be necessary to be tryed before themselves Howbeit there shall be no Suit taken before any of the said Justices by Bill under the sum of 20 s. CXVIII No other Liberties Franchises or Customs shall be used or claimed in any Lordship which was anciently part of Wales whosoever be owner or owners thereof but only such as be given to the Lords thereof by force of the Statute of 27 H. 8.26 and not altered by this Act notwithstanding the Stat. of 32 H. 8.20 which see in Franchises CXIX If any Murther or Felony be committed in Wales the party or parties grieved shall make no agreement with the offender or with any other in his behalf unless he first acquaint the President Council or Justices therewith in pain of Imprisonment and grievous Fine at the discretion of the President Council and Justices or two of them whereof the President to be one the like punishment also they shall incur that labour or procure such agreement although it never take effect CXX If any person or they whose Estate he hath have peaceable possession of Lands in Wales by the space of five years without interruption or lawfull claim such person shall continue the same untill they be recovered from him by Law or Decree of the President or Council there CXXI If in personal Actions pursued before the Justices nine of the Jury be sworn and the residue make default or be tryed out in that Case the Sheriff may return other names de circumstantibus untill the Jury be full as is used in North Wales and else-where in such Cases CXXII No sale of Goods or Cattel stolen in Wales and sold in any Fair or Market there shall alter the propriety thereof such sale notwithstanding CXXIII No person shall buy any quick Cattel in Wales out of the Fair or Market unless he can produce credible witness of the person place and time he so bought the same in pain of such punishment and Fine as shall be set by the President and Council or any of the Justices in his Circuit and to answer it at his further peril CXXIV If any Goods or Cattels be stollen in Wales the Tract shall be followed from Town to Town and Lordship to Lordship according to the Laws and Customs heretofore used in Wales upon such penalty as hath been heretofore accustomed CXXV Any man being a Freeholder may pass upon a Jury in all Causes both criminal and civil Attaint only excepted saving to every man his lawfull Challenge according to the Laws of England Howbeit none shall pass in Attaint unless he have Freehold of 40 s. per annum CXXVI Tenants and Resiants in Wales shall pay their Tallage at the change of their Lords in such places and after such form as hath been accustomed in Wales CXXVII The Kings Subjects in Wales shall find at the Parliaments in England Knights for the Counties and Citizens and Burgesses for the Cities and Towns to be chosen by the Kings Writ according to the Statute of 27 H. 8.26 and shall also be chargeable to all Subsidies and other Charges granted by the Commons of the said Parliaments and pay all other Rents Farms Customs and Duties to the King as hath been accustomed Fines for redemption of Sessions only excepted which the King is pleased to remit CXXVIII Haverford-west shall find one Burgess for that Town whose Charges shall be born by the Major Burgesses and Inhabitants of the said Town and by none other CXXIX The King shall have all Felons Goods Goods of persons outlawed Waifs Estrays and all other Forfeitures and Escheats and shall be answered thereof by the Sheriffs saving the right of all others having lawfull title thereto CXXX Errors and Judgements before any of the Justices in their great Sessions in Pleas real and mixt shall be redressed by Writ of Error out of the Chancery of England returnable before the Justices of the Common Place as other Writs of Error be in England but Errors in Pleas personal shall be reformed by Bill before the President and Council and if the Judgement be affirmed good in any of the said Writs or Bills then there to make Execution and all other Process thereupon as is used in the Kings Bench of England and that the Plaintiff in every such Writ or Bill pay for the same like Fees as is used in England CXXXI No Execution of any Judgement given in any base Court shall be stayed by reason of any Writ of false Judgement but Execution may be had at all times before the reversal of such Judgement and if such Judgement shall after be reversed the Plaintiff shall be restored to what he hath lost by such Judgement CXXXII All Process for urgent and weighty Causes shall be directed into Wales by the Chancellor of England or any of the Kings Council as heretofore hath been used notwithstanding this Act. CXXXIII The Town of Bewdley in the Parish of Ribsford in Com. Wigorn. is made parcel of the County of Wigorn and united to the Hundred of Dodingtree in that County saving to the Burgess and Inhabitants of Bewdley their ancient Liberties and Franchises CXXXIV Llanstissan Vsterloys and Langham with their members are united to the County of Caermarthen and made parcel of the Hundred of Derries in that County CXXXV The Shire-Court of the County of Radnor shall be holden one time at New Radnor and another time at Preston alternis vicibus and never at Rather Goway notwithstanding the Statute of 27 H. 8.26 CXXXVI The Kings Farmer of the Subsidy and Aulnage of Wollen Cloths in the County of Monmouth and the other twelve Counties of Wales shall take for sealing such Cloths as followeth viz. for every whole piece of Frise 1 d. a half piece ob a piece of Cotton or Lining 24 yards and under ob a piece of the same above 24 yards 1 d. a broad Cloth 1 d. a piece of Kersey 18 yards or above 1 d. and for a piece of Kersey under 18 yards ob Howbeit this shall not extend to Cloth made in private Houses and not put to sale but to their Servants CXXXVII The Aulnager in Wales shall be bound and subject to the Laws and Customs of England in like case provided CXXXVIII The Town of Haverford west