Statutes do direct or else a not guilty The Action of Curia Claudenda and do muliere abducta cum bonis viri are in some respects especially that of de muliere abducta c. in the nature of an Action of Trespass the Curia Claudenda being an Action brought by one against another for not securing or enclosing the Fence or Hedge lying between both their Grounds and time out of mind as urged by the Plaintiff usually made up and fenced by the Defendant and all other Owners of his Lands the other de muliere abducta c. is for taking away the Plaintiffs Wife with some part of the Plaintiffs Goods without alledging of which Goods and that also in particular the Action will not be well laid In all my time of Practice I saw but one Action of each of these that is one of Curia Claudenda in Flint-shire about 30. years ago and one de muliere abducta c. in Denbigh-shire 24. years ago wherein 200. l. Damages were recovered The Rationabili parte bonorum is when a Widow upon the custome of North-Wales sues the Executor of her Husband for the moyety of her Husbands personal Estate or when a Brother or Sister upon the same custome sues for a share as may more at large appear in Law Books in which Action all is recovered in Damages being what the Plaintiffs Witnesses can make appear the Moiety to the Wife or the share of the Brother or Sister to be really worth through all the personal Estate Audita Querela lyes when one is apprehended and imprisoned for Debt and Damages recovered against him and against another person who was principally Bayl or Surety with him for the same Debt and when that other person had formerly been apprehended for the self same Debt and Damages and hath satisfied the same for it will not lye without real payment or satisfaction was made by the other person that was formerly taken in Execution though he never lay so long in Goal and came out some way or other without satisfying the party Plaintiff or it will lye for one as became Bayl or entred into Recognizance though the Debt or Recognizance be not really paid and satisfied but the Audita Querela â—n that Case must be brought before the parties attain to the full years if the Audita Querela be made good but a discharge out of the Goal and from the Recovery Recognizance or Execution there are original Writs at the Sessions not spoken of before videlic t a Writ of of Error a Writ of false Judgement a Certiorari or Recordari The Writs of Error is to move the Record of any Recovery had in any inferiour Court which is a real Court and so a Court of Record into the great Sessions so that the Errors therein if any be may be there heard and examined A Writ of false Judgement or sometimes called Accedâ—s ad Curiam is to remove the Record of any Recovery in a mean or base Court which is a Court that hath not power to hold Pleas but under forty shillings to the Sessions A Certiorari for removing any Action depending before it be tryed by Jury in any real Court or Court of Record which hath power to hold Plea above forty shillings which are Courts held by Charter in Corporations or Lordships and in some Lordships Marchers by prescription unto the Cost of the great Sessions there to be proceeded upon and go to Issue and Trial if the Plaintiff when it is removed will prosecute and follow it A Recordaâ—e is to remove any Action begun and not tried in the said base Court under 40 s. to be proceeded on as is aforesaid touching the Certior at the Sessions Now for proceedings in the said Writs of Errours false Judgement Certiorari and Recordari thus much which followeth The Writ of Error after it is granted must be delivered to the Steward or Judge of the Court where the recovery was had and he must certifie the Record to the next Sessions or an Attachment lies against him And when it is there entred he that put in the Record must assign Errours by his Councel and sue forth a Scire facias ad audiendum Errours directed to the Sheriff at the return whereof if a Scire fcci be returned the Defendant in the Writ of Error must appear and plead to the Assignment of Errours which is In nullo est erraetum in Common Pleas and if he doth not appear and plead the Court may proceed by default to hear or rather to examine the Errors and in both cases there must be a day appointed for reading the Record and then after part thereof is read the Errors are opened by Councel and if the Cause be argued on both sides thereupon the Court will either reverse or affirm the Judgement and if Judgement be reversed the Plaintiff in the Writ of Error shall have his Costs but there are no Costs upon reversal of a false Judgement as shall be said hereafter And if Judgement be affirmed the Party shall have Execution as well upon his former Judgement as for what Costs and Damages shall be awarded by the Court to him for that delay A Writ of false Judgement is directed as well for Judgement given in other mean Courts as in his own County Court for such as are Judges in those Courts have not the return of Writs but in this Writ there is a far shorter proceeding when the Record is put in then in the Writ of Error for here needs nothing after it is put in but Councel to move to have it read which being done Judgement is either reversed or affirmed If reversed the Defendant in the Court below who is the Plaintiff in the Writ of false Judgement is to have a Writ to be only restored to what he hath lost that is to what he hath paid upon the former Judgement if any to have no Costs but the bare sum he was driven to pay upon the former recovery in the Court below If affirmed as seldom or never it is then the Plaintiff in the inferiour Court is to have Execution out of the Sessions for what he formerly recovered without Costs A Certiorari is to remove an Action above 40 s. as is aforesaid out of a real Court or Court of Record before any Judgement or Trial be had therein in that Court. And in that and in the Recordari such as sue them forth are to deliver them into the Sessions by their Attornies having first called them from such as are to return them to wit the Steward or Judge of the Court of Record for the Certiorari as in the Writ of Error before and to call to the Sheriff for the return of the Recordari to whom the same as before is said 〈◊〉 false Judgement is directed and are to be proceeded upon as in all other Actions of the nature they be from the beginning only that Writ serves for an Original or a Q 〈◊〉
Weeks before every Great Sessions by Warrant from the Chief Justice of the Circuit a general Writ of Summons is sent forth by the Prothonotary to the Sheriff by which the Sheriff is Commanded to Proclaim throughout his County that the general Great Sessions for the County is to be holden at such a day and place And that he Summon and give Warning to all Justices of the Peace c. Officers and other Persons whom it doth concern that they appear at the day and place limited by the said Writ Which Proclamation being made on a Market-day all Persons whatsoever by the course there holden whether Plaintiffs or Defendants in Suits before depending or others who intend to Commence any Suits and also all such who suspect any Suits may be brought against them are at their perils according to the general Summons before mentioned to have their Attornies in Court to prosecute and defend the said Suits The Sessions being begun The Plaintiffs who are to Commence Actions do retain their Attornies and bring their Actions either by original Writ as is usual for all kind of Debts not finable upon the Original which Writs are made returnable the first day of the Sessions and dated fifteen days before the Sessions or else by Bill or Queritur which may be either for Debt Trespass or upon the Case And whether it be by Original or else by Bill or Queritur the Defendant upon the Original and first Bill or Queritur and all Process before appearance thereupon awarded is ever called in open Court to come forth and answer to the Plaintiff in such or such an Action as the Case is and if by Original the Defendant being thereupon called and not appearing then a second Writ of Summons is awarded returnable the next day after which being made by the Prothonotary and sealed with the Judicial Seal of the Court and returned by the Sheriff the Defendant is thereupon a second time called openly in Court And if then the Defendant appear not the Plaintiff hath Judgement by Default So it is also in case the Action be brought by Queritur or Bill saving only that Judgement is not in that case had before a third Writ of Summons issue and thereupon the Defendant being the third time called do make Default whereas if by Original there needs but one Writ of Summons besides the Original it self The first Bill or Queritur commonly bears date the first day of the great Sessions or the day when the Attorny sueth it forth and is returnable the next day after the date of it whereupon if the Defendant being openly called in Court appear not then a second Writ to Summon the Defendan-again is awarded whereupon if the Defendant being the second time called appear not then a third Bill or Queritur to Summon the Defendant is awarded whereupon if the Defendant being called a third time appear not then the Plaintiff hath Judgement by Default And these Writs are successively awarded and made returnable de die in diem and the Judgement had in three dayes at the most in cases of debt if the Defendant appear not but if the Defendant appear then the Plaintiffs Attorney declares and upon the Defendants pleading and not confessing the Action then issue is joyned the same Sessions and tryed the next Sessions after And it is here to be observed that the awarding of these Process and obtaining of these Judgements by Default depend upon the Sheriffs return of any â—â—e said Writs whether the Actions be brought by Original or by Bill or Queritur For if the Sheriff return a Summons as usually he doth in all cases of Debt because of the general Summons of the Sessions upon the Writ first before mentioned by which the Sessions was proclaimed then those Judgements are obtained as is before expressed But if the Sheriff return that the Defendant hath nothing in his Bailiffwick whereby he may be Summoned or Attached as usually he doth in cases of Trespass and upon the Case then a Capias to Arrest the Defendant is awarded and a Writ of Distringas also ad infinitum in cases of Trespass and issues thereupon returned by the Sheriff untill the Defendant do appear Neither is the Defendant in case of these Judgements thus obtained by Default any way prejudiced but by his own Laches or wilfulness For in all cases of Debt if he or his Attorney tender an Appearance any day within the Sessions or after with consent of the Plaintiffs Attorney before the Debt sworn the appearance is accepted And if he neglect so to do so that the Judgement stand yet no Execution can go forth untill the Plaintiff do first swear his Debt and Damages for the forbearance of it either before the Judges in open Court or else by special Commission in which Case also execution of the Writ by the Sheriff though gone forth is stayed in the Attornies hand by Order till commonly six Weeks or two Moneths after the Sessions to the end that the Defendant may satisfie the Debt before the delivery of the Writ to the Sheriff if he please In prosecution of all which kind of Actions in Debt and Trespass which are almost the whole business of the Sessions the parties are not delayed above one or two Sessions unless by some dilatory Pleas and Demurrers which seldom happen and for taking away whereof some provision may be made and the Charges unless in Cases where and issue is pleaded and tryal thereupon had not commonly above thirty shillings except where the Debt being above forty pound is finable to the King in case the Action be brought by Original Neither are the People in prosecuting and defending these Actions inforced to travel out of their own Counties Also in Cases of real Actions which are very few the proceeding is speedy unless it happen by multiplicity of Pleadings occasioned by the intricacy of Titles and variety of Conveyances to be pleaded which for the most part is avoided the Conveyances being given in Evidence Those Courts of the great Sessions have a Chancery within themselves and have had power to relieve in Cases of Equity ever since H. 8 time A Tract or Directory touching the Practick of an Attornies profession in the Court of the great Sessions in Wales IN the first place it concerns an Attorney partly as well as the Lawyer to understand at least the nature if not the whole cause and ground of his Clients Action or Suit before he undertakes to follow it without which he will not be able to do his Client any great benefit more then suing out of Process and going from Office to Office which every ordinary fellow that can but write and read is able to do as well as he Then to ease his Councel Common Actions at the Sessions and not to trouble him to do every ordinary plain thing he is to draw his Titling for to have out his original Writ or Queritur as the case requires and the
Roll. 1 s. 48. For every such Entry in Plea of Land Ejectione firme Trespass on the base Appeals and such like for every such Entry as aforesaid ij s. 49. For entring every Imparlance in Debt i s. 50. For entring every Imparlance in plea of Land Ejectione firme Trespass on the Case Appeal and such like ij s. 51. For drawing and entring every special Order i s. 52. For entring every Fine with Proclamations and for entring Kings Silver vi s. 53. For the Chirograph of every Fine ij s. 54. For entring and enrolling in parchment of every Recovery by consent of parties for every Declaration Plea and Judgement 2 s. and such other Fees as in real Actions is set down and rated before ij s. 55. For Exemplyfying of Fines with Proclamations vi s. 56. For Exemplifying of every Recovery or other Record whatsoever according to the length thereof viz. after the rate of 1 s. a sheet as aforesaid i s. 57. For certifying of every Record upon a Writ of Error or otherwise for entring of every such Record certified into the Prothonotaries Office for every such 1 s. 2 sheet 58. For the reversal of every Indictment and Judgement ij s. 59. For every Copy of Writ Declaration or other Record for every such sheet viij d. 60. For the Prothonotaries hand to every such Copy or any other in paper if the said hand be desired ij s. 61. For every Recognizance Plege of Fine Plege of Traverse Plege tam de respond quam de satis faciendo for every such ij s. 62. For recording every appearance of such as are bound to answer ij s. 63. For every prisoner discharged upon Proclamation i s. 64. For every such acquitted by Jury ij s. 65. And for his Plea of not Guilty ij s. 66. For every Warrant of the Peace Warrant of the good Behaviour or Subpaena ad testificand for every such ij s. 67. For the Prothonotaries Clerk for the writing of every Venfac 4 d. 68. For their other Jury Writ and Writ of Execution vi d. Ra. Eure. H. Towneshend R. Lewkner We whose Names are subscribed have seen these Fees before recited for many years received and taken by James Garnons Esq late Deputy Prothonotary of the Counties aforesaid as Fees belonging unto the said Office Richard Mitton Robert Lloyd Evan Lloyd Aug. 13. 1660. This last Copy of Fees I have written with my own hand out of the Original under the aforementioned Judges hands viz. Sir Ralph Eurâ— Sir Richard Lewkner and Sir Henry Towneshend attested by the persors above-mentioned under their hands also viz. Richard Mitton then Secondary Robert Lloyd and Evan Lloyd then Attorneys there Rice Vaughanâ— Statuta Walliae EDwardus Dei gratia Rex Angliae Dominus Hiberniae Dux Aquitaniae omnibus fidelibus suis de terra sua de Snodon de aliis terris suis in Wall Sal. in Domino Divina providentia quae in sua dispositione non fallitur inter alia suae dispensation is munera quibus nos regnum nostrum Angliae decorari dignata est terram Walliae cum incolis suis prius nobis jure feodali subjectam tam sui gratia in proprietatis nostrae dominium obstaculis quibuscunque cessantibus totaliter cum integritate convertit coronae regni praedicti tanquam partem corporis ejusdem annexuit univit Nos itaque intuitu divino volentes praedictam terram nostram Snodon alias terras nostras in partibus illis sicut caeteras ditioni nostrae subjectas ad honorem laudem Dei Ecclesiae sanctae ac zelum justitiae sub debito regimine gubernari incolas seu habitatores terrarum illarum qui altae bassae se submiserunt voluntati nostrae quos sic ad nostram recepimus voluntatem certis legibus consuetudinibus sub tranquillitate pace nostra tractari leges consuetudines partium illarum hactenus usitatas coram nobis Proceribus regni nostri fecimus recitari Quibus diligenter auditis plenius intellectis quasdam illarum de consilio Procerum praedictorum delevimus quasdam permisimus quasdam correximus etiam quasdam alias adjiciendas faciendas decrevimus eas de caetero in terris nostris in partibus illis perpetua firmitate teneri observaâ—i volumus in forma subscripta ¶ Providimus decernendo statuimus quod Justitiarius Snoudon habeat custodiam gubernationem pacis nostrae regiae in Snoudon terris nostris Wall adjacentibus justitiam exhibeat quibuscunque juxta brevia regia originalia leges etiam consuetudines infrascriptas Volumus statuimus quod Vice-Comites Coronatores Ballivi commotorum sint in Snoudon terris nostris partium earundem Vicecomes de Angliseia sub quo terra nostra tota Anglisei cum cantredis medis bundis suis Vicecomes de Kaernarvam sub quo cantreda de Arvan cantreda de Artlentoyth commotum de Crukvn cantreda de Thlen commotum de Invenyth Vicecomes de Meronyth sub quo cantreda de Meronyth commotum de Ardudo commotum de Pentlyn commotum de Irmony cum metis bundis suis Vicecomes de Flint sub quo cantreda de Englesende terra de Meillor Seisnek terra de Hope tota terra conjuncta castro nostro ville de Ruthlan usque ad villam Cestriae de caetero intendant Justitiarij nostri Cestriae de exitibus eorundem comitatuum respondeant ad Scaccarium nostrum Cestriae ¶ Coronatores sint in eisdem commotis per breve regium elegendi cujus tenor invenietur inter brevia originalia Cancellariae Sint etiam Ballivi commotorum qui fideliter officia sua faciant exequentur eis diligenter intendant secundum quod per Justic Vicecom eis injungatur Vicecomes de Kermerthen cum cantredis commotis metis ac bundis suis antiquis Vicecomes de Kardygan Lampader cum cantredis commotis metis ac bundis suis Coronatores sint in eisdem commotis ballivi commotorum ut prius De Officin Vicecomitis in Wallia modo Com. tenendorum Vicecomes officium suum exercere debet sub hac forma scilicet cum quis sibi conquestus fuerit de quacunque transgres sibi facta contra pacem Domini Regis sive de captione Injusta detentione averiorum sive de namio vetito aut de debito aut de alio contractu non observato de consimilibus per breve vel sine brevi Primo capiat pleg de prof clam suo vel per fidem si fuerit pauper postea faciat executionem prout plenius declaratur hoc modo Defendentes in quolibet casu summoneantur quod sint ad proximum com respons conquerentibus Ad quem com facta summonitione testisicata si non venerint per considerationem com iterum sum quod sint ad alium prox com respons ut prius Ad quem com
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
Practica WALLIÆ OR THE PROCEEDINGS IN THE Great Sessions OF WALES Containing the Method and Practice of an ATTORNEY there from an ORIGINAL to the EXECUTION Whereunto is added The Old Statute of Wales at large And an Abridgement of all the Statutes uniting Wales to England with Tables of the Fees and the Matters therein contained By Rice Vaughan late of Grays-Inne Esquire LONDON Printed for Henry Twyford John Streater and Eliz. Flesher Assignes of Richard Atkins and Edward Atkins Esquires 1672 Cum Gratia Privilegio Regiae Majestatis Academiae Ganwbrigiensis Liber To the Honourable Sr. JOB CHARLETON Chief Justice of Chester ROBERT MILWARD Esq One of the Commissioners of the Privy Seal Sir THOMAS JONES Serjeant at Law KENRICK EATON Esq Honoured Sirs THIS Tract how little soever yet contains within its Circuit the Interest and Concerns of many worthy and Honourable Persons to whom the late Author was in hopes it would be no less acceptable then beneficial especially if admitted into your protections who for the greatest Reason understand the management of all Affairs therein discoursed You cannot but know the many alterations that happeneth in those Counties upon the uniting thereof unto the Crown of England for the better understanding of the then settlements there upon which the proceedings of these Courts are grounded there is now added the effects of all the Statutes yet remaining in force So that in this short view you see the basis and superstructure of the Law as it stands setled by Statutes and the usual and ordinary proceedings thereupon with the just Fees all reduced to our modern Scale which in the dead Author's behalf I offer to your Honours desiring to approve my self in all things Your Honours devoted Servant T. M. THE TABLE A. ACtion how to commence it in the great Sessions of Wales page 2. Actions real proceedings therein speedy p. 6 7. Attorney must take care to understand his Clyents business rightly p. 7 8. 36 37. 70 71. Alias dictus where necessary è contra p. 9. Account proceedings therein p. 26. Actions upon Penal Statutes how to be brought ibid. Audita Querela where it lyes and for what p. 28 29. Accedas ad Curiam where it lyes and the nature of it p. 29 30. B. Bill and Queritur how they differ p. 2 3. The return thereof speedy and the reason and effect of it p. 3 4. Bayl who appears upon Bayl must be discharged upon Bayl. p. 16. 35. C. Charges in a Suit in Wales where the Debt exceeds not 40 d. p. 6. Concessit solvere the nature thereof and Plea therein p. 13 14. Cape Petit when to be awarded and when the grand Cape p. 16 17. 51. Costs where it shall be paid p. 17. 22. 26. Curia claudenda the nature thereof proceedings therein p. 27. Certiorari the proceedings therein p. 32 33. Challenge where it lyes and why p. 38 39. 40 45. D. Defendant not prejudiced but by his own Laches and why p 5. Declaration when it must be b ought in and filed p. 11. Damages a Writ of Enquiry of Damages where it lyes p. 15 16. Distringas Alias Pluries and Plus Pluries Distringas where to be sued out ibid. Dower the proceedings therein p. 16. Where a Writ to assign it shall be granted p. 17. Detinue the nature of the Action and the proceedings therein p. 25. E. Execution how attainable p. 5 6. 60. ad 71. Essoyn without Warranty the ground of an Iterum Summoneas p. 9. Error Writs of Error where they lye and for what p. 29. Proceedings therein p. 30 31. Executions several sorts thereof p. 60. ad 70. F. Formedon the Tenant may vouch therein p. 19 20. False Judgement Writ of false Judgement where it lyes p 29. Proceedings therein p 31 32. Fees of the Prothonotary of North Wales in Causes real and mixed p. 83 84. Fees in Personal Actions p. 85 86 87. Other Fees rated and setled p. 93. ad 100 H. Homine Replegiando where it lyes p. 25. I. Judgements by default how obtained p 4 5. 9 10 11. Iterum Summoneas where grantable p. 9. Judicium si what it is ibid. Issues where to be returned p. 14 15. Imparlance where grantable which in Latin is called Li. Lo. p. 20. Special and general their difference p. 21. Jury their duty p. 49. ad 60. M. De Muliere abducta cum bonis viris the nature of it and proceedings therein p. 27. N. Non-suit where it shall be entred p. 17 22. Nihil inde when and where to be entred p. 21. Ne recipiatur where it may be entred p. 33. O. Original in what cases necessary p. 10 11. Oyer where it may be demanded p. 12. P. Plaintiff what he must do to obtain excution p 5 6 9 10. Pleas dilatory seldome admitted in the Courts of Wales p. 6. Pleadings usual in an Action of Debt p. 11 12. Pleas in other cases p. 12. Proceedings at the second Sessions when Issue is not joyned at the first p. 21. Partition the proceedings therein p. 25 26. Proceedings general in all causes p. 38. Q. Queritur the words thereof in divers cases p. 14. Quod ei deforceat the Writ and proceedings therein p. 16 17. R. Rule general and peremptory p. 11. Right Writ of right is conclusive and the Tenant may vouch therein p. 19 20. Replevin the nature of the Action and the proceedings therein p. 24 25. Returno habendo where and when to be granted p. 24 25. Rationabili parte bonorum the nature of it and proceedings therein p. 27 28. Recordare where and for what it lies p. 30. Rules setled for businesses at the great Sessions p 75 76 77 78. Rules in the Chancery there p. 79 80 81 82. Recovery common Fees therein p. 88 89 90. S. Sessions great Sessions in Wales the time of the summoning thereof p. 1 2. The proceedings therein p. 2. They have a Chancery in themselves p. 7. Summon◠and pledges to be returned p. 9. Summons only in some cases p. 11. Sequatur sub suo periculo a Writ where it is grantable p. 19. Summons ad sequendum simul cum where necessary p. 19 20. Summons and severance where necessary p. 20. Similis Narratio what it is p. 23. Statuta Walliae temp E. l. p. 101 ad 149. Statutes for uniting Wales to England p. 150 ad finem T. Titlixg of Actions truly very material to the Cause p. 8 9. V. Variance where pleadable and why p. 8. View of Lands where demandable p. 23. W. Wager of Law where admitted p. 11 12. Withernam the Writ where and why grantable p. 25. Waste the proceedings therein p. 26. Wales Statutes of Wales in the time of Ed. I. p. 101 ad 149. Wales united to England by several Statutes and the Abridgement thereof p. 150 ad finem The Manner of the Proceedings in the Courts of the Great Sessions in the Counties of Montgomery Denbigh and Flint within North-Wales as it now is ABOUT three
most common and ordinary Actions in the Sessions are Actions of Debt of Trespass of Trespass on the Case Trespass and Ejectment Writs of Dower Quod ei deforceats These Titlings are usual things To instance in one of Debt which is the commonest The Defendant must be named in the first place according to the truth of his name dwelling place and addition and in the second place or alias dictus if by specialty according to the words of the Obligation verbatim literatim for if the words of the Writ and the words of the Obligation do not agree the Defendant may plead variance between the words of the Writ and the words of the Obligation and so abate the Writ which must be after appearance and before Declaration be put in but if there be no Obligation for the debt then there needs no Alias dictus in the Writ and in that and other Actions there be presidents for the Titlings which therefore need not be insisted on here In every Writ where the Sheriff is commanded only to summon the Defendant to appear the retorn therein must be pledges and summons to answer the Writ and if the Defendant neither appears nor essoigns on the original Writ in debt and if he essoigns and warrants not his Essoign within the next day after he casts the Essoign an Iterum Summoneas is to issue out upon which Writ in default of appearance or Essoign there is Judgement granted by default which is commonly called Judicium si c. but not entred so upon the Roll which is a conditional Judgement for before the Judgement be entred the Plaintiff is to swear his debt and thereupon to recover onely what he swears to be due with ordinary interest and costs And if the Iterum Summoneas be essoigned which may be when the first is not it is but a dayes delay and then if no appearance be Judgement is to be had as formerly is said But if you sue upon a Bond for performance of Covenants Articles Awards or any other collateral matter being not absolutely for payment of money the Plaintiff is also therein to recover by default for want of appearance and yet not swear his debt or damage but upon motion and shewing the special matter he shall have Judgement entred absolutely after calling the Iterum Summoneas for the whole penalty of the Bond without any Oath as aforesaid If the debt be due within fifteen dayes of the Sessions or the case otherwise lyes as several wayes it may so that the Action cannot be begun by an Original then there must be a Queritur or a Bill had from the Prothonotaries Office upon which you must have a second and a third Bill and them called the first one day the second the next day and the third the third day before you can recover by default and then Judgement is to be had in the same manner as if it had been begun by Original in default of appearance And on these last mentioned Writs the Sheriff is to retorn only Summons as well upon the Queritur as upon the second and third Bill for the Plaintiffs Pledges are alwayes inserted of Course within the Queritur or first Bill and there is no prejudice or any great matter or difference whether the Plaintiff sue by Original or Queritur but that he cannot proceed to Outlary against the Defendant upon the Queritur After you have gotten an appearance upon any Writ or Bill then the Plaintiff must declare and call or move for a Rule for the Defendant to answer the first Rule is general and the second in all those personal Actions is peremptory and if the Defendant pleads not before the peremptory Rule be out then the Plaintiff is to recover upon a Nihil dicit The common and most usual pleading to an Action of Debt upon a Bond for payment of money in this part of Wales is non est factum and to an Action of Debt without specialty is nihil debet per patriam c. whereunto the Plaintiff replyes to joyn up the Issue but for a Debt without specialty the Defendant may wage his Law and say Nil debet per Legent in which case the Court will assign the Defendant a day to come to wage his Law which commonly is the first sitting of the next Sessions following and cannot be delayed further where the Defendant must swear he owes the Plaintiff nothing and produce twelve men to swear that they believe it which is called Duodenâ manu but the Court accepts of three or four with the Defendant as I have seen it but if the Defendant comes not to wage his Law the Plaintiff is to recover There be indeed several other Pleas to be pleaded to Actions of Debt due by Bond as per Minas per Dures Imprisonment Release Nonage c. which may be seen in the Books of Entrees If the Bond be with Condition the Defendant may demand Oyer of it which must be done between the first and second Rule and then Conditions performed may be pleaded which are usually and fittest to be done by Councel and Oyer may be demanded of all other Bonds and Writings pleaded if the Defendant plead in manner as aforeaid In all or most Actions of Debt without out Bond or Specialty upon simpl Contracts there is at the great Sessions in Wales a far shorter and less intricate way to declare and so ground an Action then in the Courts above at Westminster by the ancient Custome of North-Wales had and deduced from those three Northern Counties that were Shire-grounds time beyond all memory and are indeed rightly and properly the very North-Wales which way is by a meer and plain Concessit solvere and no matter expressed besides the time and place of the Contract and the day of payment whereunto the Defendant most commonly pleads the aforementioned general Issue of Nil debet per patriam and at the trial the whole matter and consideration will be given in Evidence so that thereby the Plaintiff saves what often falls out by declaring specially in an Action upon the Case for every Debt upon small Contracts wherein the Plaintiff will be more closely held to prove all Circumstances mentioned in the Declaration for all Actions upon the Case are strict and therefore more subject to miscarry and by several wayes overthrown then those general wayes of Concessit solvere which are constantly used and approved by the priviledge of the Custome aforesaid which are often very beneficial to the Plaintiff in many things for the Defendant hardly till the Trial knows if many Bargains passed between him and the Plaintiff upon which of them the Plaintiff will produce his proof and if the Plaintiff can make proof but of part of the Debt declared he shall recover so much for the Defendants Plea upon which the Issue is joyned sayes he doth not owe that Debt or any part thereof and so it is beneficial in many things else but not
in Actions upon the Case for Debt where the proof must be punctual with the Declaration In all Actions of Trespass Trespass upon the Case Trespass and Ejectment the words of the Writ or Queritur to the Sheriff are Quod ponet per vadios salvos plegios and on every Writ where these words are the Sheriff is to retorn Issues which must be more or less as the nature greatness or condition of the Cause requires which if he doth not the Court upon motion will command to heighten or encrease the Issues thereby to compell the Defendant to appear and to expedite the Plaintiffs Cause to Trial because it is well known that in all these Actions the Plaintiff cannot recover by default for want of appearance but after appearance if the Defendant pleads not the plaintiff may have a Writ to enquire of Damages as hereafter appeareth If the Defendant appears not the Plaintiff must sue forth a Distringas an alias a pluries and a plus pluries Distringas and so in infinitum till appearance be had and upon every Distringas the Sheriff is to encrease the Issues or rather at least to double them but if the retorning of Issues will not compell the Defendant to appear then the Sheriff may be compelled to retorn a Nihil habet in Balliva mea per quod distringi possit c. and upon that Retorn a Capias may be had to apprehend and attach the body of the Defendant to answer c. And if thereupon the Sheriff retorns a Cepi Corpus c. the Defendant being brought to the Bar shall upon motion be ordered to remain in the Sheriffs Custody till he find Bayl or Pledges to answer such Recovery as shall be had against him for it is an observed Rule he who comes in or appears upon Bayl must go out or be discharged upon Bayl. If the Defendant after appearance plead not then the Plaintiff is to move in all the last mentioned Actions for a Writ to enquire of Damages and then the awarding of it must be entred which in some respects is in nature of a Judgement and upon the return of it and of the Juries Inquisition Judgement for the Dammages and Costs is to be entred but not used without a special motion to have it granted for the Defendant may object many things against the Inquisition and thereby prevent the filing of it and so perhaps put the Plaintiff to take out a new Writ In Writs of Dower quod ei deforceat the second Writs are Summons and the third is a grand Cape upon which if the Defendant appears not the Demandant is to recover by default and to have a Writ of Seizin of the Lands but the Tenant may appear upon the grand Cape and save or excuse his default which is very seldom and not so easily done if the Demandants Councel will urge all that is just and requisite by Law for his Client to demand and require before the Tenant be admitted to appear If after Appearance and Declaration put in and three Rules past the Tenant pleads not a petty Cape is to be awarded against him and thereupon Judgement shall be entred of course and execution awarded When the Plaintiff or Demandant after Declaration put in do not proceed the Defendant or Tenant may call him to proceed and if he makes default a non-suit will be entred and the Defendant or Tenant shall then have Costs in all Actions wherein the Plaintiff or Demandant ought to have had them if he had recovered In a Writ of Dower where the Husband died not seized there is no Costs for Demandant or Tenant but where the Husband died seized the Demandant recovers as well Dower as Costs and Damages which the Jury always finds viz. the value of the Profits of the third part of the late Husbands Lands since his death as the Jury shall have Evidence to find the worth or value but where the Recovery happens to be by Default and so without Jury then there is a Writ to be directed to the Sheriff as well to assign Dower to the Demandant as to enquire by a Jury whether the Husband died seized or not and if he did to enquire of the value of the Lands and upon retorn of that Writ if the dying seized be found the Demandant shall have a Writ of execution for the third part of the Profits according to the Verdict and for her Costs of course The common and ordinary Writ of Dower sayes in the close thereof Vnde nihil habet but in a Writ of right of Dower as where one received part of her Dower and sues for the rest in the same Township these words of Vnde nihil habet must be left out which difference is to be usually read and seen in several Books which an Attorney should necessarily learn that he may know which Writ to take out when his Clyent tells his Case to him lest his Councel may undervalue him for his ignorance in common and ordinary things Upon every Writ of Quod ei deforceat the Demandant after appearance may declare either in the nature of a Writ of Entry sur disseizin or in the nature of a Writ of Right or in the nature of a Formedon which are of divers sorts If the Demandant recover in a Writ of Entry he recovers also Costs and Damages and so shall the Tenant if the matter pass with him but in the two other last mentioned Writs there are no Costs to be had on either side and on the Writ of Entry there lyes no view but in the rest it doth as hereafter shall be more fully declared A Writ of Right is a concluding Action because it is of the highest nature and in it and in a Formedon the Tenant may vouch and then a Writ of Summons goes to the Sheriff to summon the Vouchee whereon if he retorns Nihil habet c. there goes out an alias and a pluries and then a Sequatur sub sue periculo And in some Cases in these Quod ei deforceats and in other Actions where the Actions cannot be well laid or commenced but in the name of several persons whereof some of them will have no mind to bring or prosecute the same it will be requisite to take out Writs of Summons ad sequendum simul cum and Summons and Severance which Councel must direct and in all Cases of that high nature there is indeed nothing to be done without his directions which the Attorney will be the better able to observe and prosecute if he understands them as in some measure he should And in some cases the Demandant may vouch and become Defendant when he shall defend his Estate against such Recovery as shall be pleaded against him so that there are divers other thing wherein there is a great deal of learning in those Formedons and Vouchers worth any mans knowledge towards the Law and though fit and requisite for an Attorney to know as much as is in
relation to his practice yet I durst not presume to proceed to enlarge thereon lest I should be justly rebuked In some Cases there will be no Plea put in or Issue joyned the first Sessions but the Defendant upon some occasions must move for an Imparlance which is called Licentia interloquendi for brevity Li. Lo. being a granting of time to imparle between that and the next Sessions or to plead by the first day of the next Sessions or some day in the Vacation as the Court shall think fit to appoint or both parties agree to be entred tunc pro nunc for there is a general and special Imparlance and sometimes the Plaintiff will have cause to imparle as well as the Defendant when after the Defendant hath answered or pleaded he is not ready to reply for in all or most Actions begun at a Sessions there must be Recovery by Default or after appearance and Declaration either an Issue Imparlance or a Nihil dicit if the Plaintiff do as he may call for proceedings without both parties will be at a stay by consent wherein commonly a Nihil inde is for that time entred on the Writ or Declaration in which Cause the Plaintiff if he please may proceed the next Sessions after as formerly he might And in such Actions wherein Issue the first Sessions is not joyned if the Plaintiff will proceed the next Sessions he must then look the Docket to know how the matter stood the Sessions before and continue the same unto the Book of Imparlance according to the words of the Docket which may also be done the second Sessions but paying the Prothonotory for the continuance If Causes have slept after appearance and before Declaration be put in and the Plaintiff will not appear to proceed the Defendant if he desires to go on must move the Court to appoint the Plaintiff a time to declare or reply c. as the Case requires and in default thereof that a non-Suit may be entred which the Court of course will grant and the same Rule being entred and not performed then the non-Suit will be entred and if it be after the Plaintiff hath declared the Defendant will have his Costs and an Execution for it if it be not in such Actions wherein Costs do not lye for seldome or never any Costs is had by the Defendant if the Plaintiff become non-Suit before he declares for I knew never any had or granted I should towards the end of the foregoing leaf where I mentioned view lay not in a Writ of Entry Sur Disseizin declared that it did lie in the other Writs as of Dower Writ of Right and Formedon wherein after Declaration is put in and a Rule given to the Tenant to Answer the Tenant may demand view of the Lands which must be done in Court or Office before the Rule be quite out which view so demanded is granted which excuseth the Tenant of making any Answer till the Demandant sues out the Writ of View whereunto as well the Tenant must appear as the Demandant declare de novo by a Similis Narratio and the Tenant must be careful to observe his time to demand the view for it is not grantable after a general imparlance and if the Tenant slips the time he shall not come to it again and he must be more careful to appear or essoin for an essoin will lie at the calling of the Writ of View else the Demandant will then recover seizin of the Lands and have a Writ of seizin and if the Defendant essoins he will gain a day longer to appear and then must appear whereupon the Demandant declares by Similis Narratio mutat mutandis as is aforesaid There are at the great Sessions sometimes other Actions as of Replevin Detinue Accompt Rationabili parte bonorum Partition Waste Actions upon Penal Statutes Curia Claudenda de muliere abducta cum bonis viri Audita Querela and others which have but ordinary proceedings as hath been treated in some other Actions before spoken of whereupon I will only speak a word or two of the nature of each of them Replevins most commonly are brought in inferiour Courts and afterwards removed to the Sessions wherein the Plaintiff declares and the Defendant avows as his Case requires and afterwards the Plaintiff is to put in his bar which is called a Replication in another Action And in this Action both Parties are Plaintiffs and may recover for the Defendant if he makes good his Avowry is to recover his Rent or what else he distrained for with his Costs and Damages at the Trial but if the Plaintiff be non-suited the Defendant is to have a Returno habendo to restore the Cattle distrained by him to his custody as they were before replevied whereby to satisfie his demands But then the Plaintiff if he will may have a second Deliverance and go on again to Trial but if the Defendant recovers in this he is to have a Returno habendo unrepleviable but if the Plaintiff recovers he is to have only Damages for the wrongful distraining of his Beasts and in case the Goods cannot be replevied a Withernam may be had to take the Parties own Goods that did distrain in value c. there is also a homine repligiando for releasing a man detained by another person except for some offences which are mentioned in the Writs and there is sometimes a Capias in Withernam that issues out it is too tedious to express all things concerning them and therefore I leave the Reader if he be ignorant to take pains to learn them out of better Authors as I did In detinue the Plaintiff is to recover the things detained and in default thereof the value of the same in money which the Jury usually finds The same Process is in Partition and in Waste and Accompt which is Summons and Distress but in Partition and Waste the Demandant will recover by default upon the third Writ if the Tenant appears not as in some other former Actions treated of appears And in these two Actions of Partition and Waste there lies no Costs but treble Damages and the place Wasted is recovered in a Writ of Waste And in Partition there be two Judgements one after the Verdict which is no more then siat inter eos partitio and the other upon Return of the Writ awarded to the Sheriff to make the Partition which must be upon motion and is quod partitio praedicta firma stabilis teneatur imperpetuum And in a Writ of Waste the Demandant may depending the Action move for a Writ of Estrepement and is ordinarily granted being a Writ to the Sheriff to restrain and prevent the making or committing any further waste upon the Land Whilt the Action is depending Actions upon penal Statutes are usually brought by way of Information wherein a Distringas is the next Process and the Issue Verdict and Judgement therein if found by the Prosecutor are as the several
the former Pannel and commanded to retorn eight more unto him and so proceed to Trial again in all points as formerly hath been said of first Trial. Now a Receipt spoken of a little before is where one is admitted to appear upon the Pettite Cap. where a Quod ei deforceat or a Writ of Dower is brought against Husband and Wife for Lands wherein the Wife hath some title or interest if the Husband makes default after the appearance of full Jury and suffer a Pettite Cape to go out against him the Wife if she please upon calling of the Pettite Cape shall be admitted to appear if she please upon the very calling of the Writ either in proper person or by Attorney having had out a Commission whereby her Warrant was taken to make that Attorney as it is in all Cases of Common Recovery wherein any Tenant or Vouchee appears not in person but by an Attorney and if she also have her Plea ready or forth-coming to be put into the Court and so save her and her Husbands default and she may also so do in case her Husband alone were sued for some Lands wherein after the death of her Husband she hath an Estate for life and save her Husbands default by stopping and preventing the issuing out of a Writ of Seizin against him so that her Plea be issuable and put in manner aforesaid and then the Demandant will be forced to proceed to Issue and Trial against her de novo And if a real Action be brought against a Tenant for life and he maketh default ut supra he in the remainder shall in the like sort be admitted and received having his Plea ready as aforesaid shewing his Estate in remainder but the Tenant in Receipt is after bound in Recognizance with pledges to answer the mean Profits before it be received in case the matter pass against him if it be required of him but very many have been and still are admitted without requiring any such tyes These proceedings which indeed are very good and which the Law as I conceive hath provided to save the right of a Stranger to the Action if he comes in are very often used for meer delayes to the Demandant in my judgement some of these Receipts upon what experience I found might be abrogated in some Cases as when a Tenant for life is sued after he appears and comes to plead he may pray in him that hath the Estate in remainder and thereupon a Writ of Summons ad auxiliandum will be issued out against him in the remainder whereupon he may come in and appear and plead his Title and at the Trial give it in Evidence which is as much as he can do when he appears upon the Pettite Cap. and if the Law be so to save that trouble to the Demandant of going round about upon the Receipt when the Jury are gone together and have deliberated and considered of their Evidence and to come to yield and deliver up their Verdict after they are asked whether they are agreed on their Verdict or no or who shall speak for them the Plaintiff is called to know whether he stand to his Writ or Plaint and if his Attorney appears the Verdict is taken and entred if he does not appear the Defendants Councel prays that a non-Suit be entred or recorded which accordingly is done and upon every such non-Suit the Defendant shall have Execution for his Costs if the Law give Costs to the Plaintiff had he recovered in that Action and there falls sometimes in some Cases a special Verdict as well as a general Verdict a general Verdict is when a Jury finds in general the matter in Issue either for the Plaintiffs side or Defendants side no points or matter in Law opposing it but a special Verdict is when upon the Evidence the whole matter of Fact on both sides is apparent to the Jury save that a point or question in Law falls out to appear upon the whole Evidence which the Jury cannot resolve wherefore the Court assents and Councel on both sides agree that a special Verdict be drawn in that case And thereupon the Councel on both sides agree and consider forthwith at the Bar upon the main material points or heads to be agreed and delivered up by the Jury which is afterwards drawn at large in form and that Verdict will be that the Jury find all matters of Fact material to make the Case on both sides and make a doubt in some points in Law which fall to be in the whole case and matter and conclude that if the Law in such points be thus and thus they find for the Plaintiff and cess him Damage and Costs or otherwise as the Action requires but if the Law in that point be thus and thus or otherwise they find for the Defendant and after this Verdict is drawn and perfected and both Parties Councel assent to the truth thereof it is entred and Copies thereof made for the Judges and a time appointed to argue it for the Court is to Judge and determine all points and questions doubtful in Law to the Jury though the Jury be to determine and accordingly to deliver up their Verdict on all matters of Fact as be given them in Evidence and leave the doubt in Law to the Judges determination and judgement and at the time appointed Councel on both sides argue the Case that falls out to be the point of Law in the Verdict by citing as many Cases as they can produce to make the stronger for the Law in the Case to be on their Clients behalf and by enlarging with their own Reasons and Expositions upon the same Cases and then or perhaps another time the Judge make each of them an Argument upon what Cases as were cited and on all as had been said on both sides and then or what other time they are disposed deliver their opinion in the point in Law either for the Plaintiff or for the Defendant and accordingly Judgement shall be entred And for every Sessions from the time of giving up the Verdict by the Jury till Judgment be given there is an Entry of Curia advisare vult which is in the nature of a continuance It falls out sometimes but indeed very seldom that a Jury after they are Sworn and hear their Evidence are discharged without delivering any Verdict at all and none of them wihdrawn as is before spoken of when Causes are referred after Evidence heard but an absolute discharge entred by the Court wherein yet there is always mentioned ex assensu partium and this falls out to be when Councel of the one side demurs on the Evidence given on the other side and the Councel from whom the Evidence is given joyns in demurrer whereupon the Evidence that was given to be drawn up with the demurrer to it and then the Jury as aforesaid discharged and the points that falls out were in Law upon the Evidence left to the Judgement and
Determination of the Court which sometimes after Argument is given and entred for Plaintiff or Defendant as is before spoken where a special Verdict is given and therefore I will not enlarge further thereon having stood somewhat longer on manner of arguing and determination of a special Verdict then altogether concerned my purpose being to direct an Attorney how far he was to act in that and in this It is the Councels part to manage all things Again when a Jury after they heard their Evidence and deliberate thereon comes to deliver their Verdict if the Plaintiff when he is then called becomes non-suit it is requisite that the Defendants Attorney have care which I omitted to speak of when I formerly spake of a non-suit where it had been more proper that is to say a special Entry made of that non-suit that it was after Evidence whereby the Record may be as several Presidents are for it drawn up accordingly for there is a very great difference and strong one when occasion is to be urged between a common ordinary Non-suit before Evidence and a Non-suit after full Evidence on both sides given for it is near as good as a Verdict for the Defendant And in so doing the Attorney may perhaps benefit his Client far more then what he had formerly done for him in this Cause if the Plaintiff should afterwards stir therein and bring his Cause about again to another Trial. After Recovery or non-Suit there may be several Writs of Execution had by the party that recovers though but one at a time for to attain the fruits of his Recovery which Writs in Debt and all other personal actions are either a Capias ad satisfaciend a Ficri facias or an Elegit the one being to take the body the other to seize on the party goods and chattels the third to find the moiety of his Lands that he had at the time of the Judgement given and all his Cattel except the Cattel of his Plow If an Elegit be taken out the party can resort to no other Writ â—till the time expires that he must sue forth a Sci. fac for to renew his Judgement if a Capias be taken out he cannot resort to a Sci. fac but after a Fi. fac there may be a Cap. had upon retorn of Nihil habet in Balliva mea c. After an enquiry is made upon an Elegit and Lands found the party that sued it out if he conceives that what is done upon it it may satisfie his Recovery is to retorn it and have it filed in the Prothonotary Office or else keep it with him and accept a time to take out another Elegit or another Writ if it be to be obtained for if he files his Elegit he is thereby concluded and barred from having any further Execution though by that which he filed he could never attain to the third part of his Recovery If a Sheriff upon a Capias retorns Non est inventus the party may have an alias if he please or an Exigent which is to the Sheriff to proclaim the Defendant at the fourth or next County Court and at the fourth County he is to be outlawed by the Coronors Judgement and when the Exigent is retorned then will issue out a Capias ut legatuâ— which is either general or special the general is to take the body only and the special is as well to take the body as to find or to seize on the party his Lands and Goods to the Kings use till the party clears himself of the Outlary But I never understood in all the time of my experience and upon all my enquiry how or in what manner legally a man upon an Outlary had out of the Sessions and Lands found thereon may come to reap the benefit thereof by satisfying his Recovery though it is ordinarily done in England for no Inquisition upon an Outlary was ever retorned to our Welch Exchequer which is an Office belonging to the Sessions for making of Original Writs there and how it may be transmitted or Cognizance taken of them at the Exchequer above forth I leave them to signifie that have reason to be more knowing then my self therein for there was no such proceedings in all my time and never before for ought I heard There are also in Actions of Dower and on other real Actions a Habere facias seisinam as an Execution to be taken out to obtain possession of the Lands recovered and in it sometimes a Writ to enquire of Damage as in Dower which is recovered by default or where it appeared not what the Damages were and a Capias or Fieri fac for the Costs wherein Costs lyes which Writ when executed is to be retorned and filed and in Ejectione firmae an Habere facias possessionem is the Execution for to put into possession with a Cap. or Fieri fac as is aforesaid included or by it self for the Costs and Damages which likewise are to be retorned and filed after they are executed If Execution be not taken out till a year be expired since the last Execution upon any Judgement was sued forth then the Plaintiff should have no Execution though Prothonotories use to do it by continuing the Cause before he takes out a Scire fac to the Sheriff to sum non the party Defendant to shew cause wherefore the Plaintiff should not have Execution and if the Sheriff retorns thereupon a Scire feci as there is a Rule given by the Court to shew cause c. but in some Courts there be two or in some three Rules to appear and the like to plead which in Summe seems to be too favourable to the Defendant and in great delay to the Plaintiff which may tend to his prejudice but in default of appearing and pleading something to it Judgement is entred which is Quod fiat Executio and then Execution awarded the Defendant may plead thereunto what the Law admits and as his Case stands Nul tiel record and several other things But some hold that that Plea holds not in the same Court where the Judgement was obtained others I found of opinion it would but when it is admitted as soon as the Record of the Judgement is produced and read there is an end of it and Execution is presently awarded if the Sheriff retorn upon the Fieri facias Nihil habet per quod c. the party Plaintiff must take out another Scire fac and if the Sheriff retorns the same Retorn on that then those two Nichils amount to a Scire feci and the party shall have Execution as if a Scire feci had been at first retorned in case the Defendant appears not or afterwards plead not There be several Causes wherein a Scire fac is requisite after Judgement before Execution be made or taken out as if the Plaintiff or Defendant died after Judgement there must be a Scire fac for the Plaintiffs Executor or Administrator of the Defendant if the
Defendant die or against the Son and Heir of the Defendant or against the ter-Tenant of the Lands which the Defendant held at the time of the Judgement And also when a single Woman marries after she recovers she must have a Scire fac in her and her Husbands name or where there are two Plaintiffs and one died after Judgement and before satisfaction there the Survivor must have a Scire fac and it is very fit a Scire fac be where two are such joyntly and one of them died after Judgement and before satisfaction that a Scire fac be had against thâ— Survivor Defendant that the future Execution be only against the surviving person for otherwise it muâ—â— be issued out against him that is dead as well as against him that is living for otherwise no Record will warrant the issuing of any Execution foâ— or against them who before that Scire facias were therein never mentioned in all which Scire facias theâ—â— must be a mention or suggestion 〈◊〉 the Cause thereof In a Scire facias against one Executor or Administrator for a Debt recovered against the Testator or Inteâ—state he may plead as he might to as Action commenced for the same thing against him Ne unques Exec. c. oâ— Administratio nunquam Commissa fuit but his safest course will be Plene administravit but if there were anâ— Judgement against the Testator 〈◊〉 Intestator that must be pleaded iâ— special or otherwise he shall have 〈◊〉 benefit thereof when he comes 〈◊〉 discharge the Assets that shall be charged upon him upon his general Plene Administravit The Scire facias against the Heir is where any Heir hath any Lands fallen upon him from Father or Kinsman without any conveyance formerly made to him thereof or against the ter-Tenant is where any one doth occupie and hath purchased Lands that were the Lands of him against whom any Recovery was had at the time of the Judgement given for all such Lands are lyable to the Judgement and in these Cases the Defendants in the Scire fac are to appear and defend themselves if they can the ter-Tenant by pleading some Conveyance made of the Lands before Judgement or something else as his Case requires and the Heir defendeth himself most commonly by pleading Riens per discent which is sometimes generally and some other times specially pleaded now to plead it specially is to say he hath nothing by discent praeter c. to wit save ten acres of Lands or such a quantity in such and such Townships for if the Heir be sure the Plaintiff cannot fasten that he hath any Lands by discent he may safely plead the general Riens per discent but if he hath not from his Father or Ancestors some thousand acres and but one acre or two by discent and all the rest being a thousand or two thousand are not so he must except the two acres in his Plea without which the Plaintiff upon the general Issue pleaded if he prove the Defendant hath one or two acres by discent shall have a Writ not only to extend that but all the rest of the Land that he holds as were the late Lands of him against whom the Judgement was though he held them by conveyance and came not by discent whereof he must be seized in Fee-simple at the time of the Writ brought against him or else he is not lyable and upon Judgement had against Heir and ter-Tenants the Plaintiff is to have Execution to extend the whole Lands thereto lyable till the whole money recovered be thence levied If Judgement in any Action or on a Scire fac against an Executor or Administrator the first Execution is a â—ieri facias de bonis testatoris for the â—rincipal Debt and bonis propriis for â—he Damage thereon if the Sheriff â—o return that the Executor or Administrator hath no Goods unadâ—inistred then the Plaintiff is without remedy against the Party but is â—y an Action upon the Case to take is remedy against the Sheriff for â—â—e return is not held sufficient or â—ny good return in Law but if the â—heriff returns a Devastavit c. then Fieri facias de bonis propriis goes out â—o leavy the whole as well the Debt â—â—s the Damage out of the Executor or Administrators own Goods which return also proves sometimes very dangerous to the Sheriff for â—n returning of a Devastavit against â—ome Executor or other wherein â—evera it lies not that Executor may â—â—ring his Action against the Sheriff â—nd recover very great Damage against him therefore the Sheriff is â—n a strict case and he should do nothing rashly but all things warily â—nd advisedly and so he cannot do amiss And upon that Fieri facias bonis propriis if the Sheriff return nibâ—habet c. then the Party Plaintiâ—â— shall have a Capias ad satisfaciend against the body of the Executor oâ— Administrator There are many other things which are requisite for an Attorneys knowledge as the knowledge in the solicitation of quashing or traversing of Indictments or Presentments aâ—â— in levying of Fines and suffering common Recoveries for better assuring of Lands and some other things which would prove too tedious to insist upon for I confess have been in some things before oveâ— tedious already therefore I shaâ—â— leave them to learn and to seek oâ—â— by their own industry the knowledge of them if they conceive the pleasure in them or the gain gottâ—â— thereby will countervail their painâ— And indeed I rather omit to speak any thing touching the quashing and traversing of Indictments for it matters not much what such Person 〈◊〉 gives occasion to be presented oâ— indicted may suffer for defect oâ— knowledge that way in his Attorney for Councel if well paid as such Person to avoid their conviction and consequently their penalties and punishments will or at least should do will sufficiently direct them And for the knowledge in suffering of common Recoveries and levying of Fines it belongs altogether to Councel to be managed and directed without an Attorney be in something able to ease the Councel as by Drawing Titlings and Concords which an Attorney who that way obtained good experience may do otherwise I hold him not fit to meddle therein or to be instructed least trusting to his Instructions without further knowledge he may spoil his Clyents Conveyances and thereby do him therein more harm perhaps then by his negligence or ignorance in dealing for his Clyent in several petty Causes It is very behoovefull for an Attorney to know at least the forms if not the nature of all Writs and the Retorns of them especially of such Originals second Writs Jury Writs and Writs of Execution as be most used and expedient for his practice And to know well the Fees of the Prothonotory and the rest of the Officers of the Court for without some knowledge in these Writs and Retorns his Clyents Cause may be delayed and perhaps sometimes overmuch
the return thereof if cause require to enter and issue forth Proclamation of Rebellion but no sequestration without motion in Court and every of these Processes to bear teste from day to day and all contempts are to be cleared or paid for before answer be received and all Bills and Answers to be subscribed by Councel 3. If no Bill be filed against the Party served within three Courts after the entry of his appearance he shall upon the producing of the Subpoena or Ticket wherewith he was served and filing of it with his Affidavit of his service be of course dismissed with vj. s. viij d. costs and if after answer no exceptions or reply be filed and entred or other proceedings given within four Courts the Defendant is of course to be dismissed with 13. s. 4. d. costs having first by himself or his Attorney moved the Plaintiffs Attorney to give proceedings 4. After replication entred and received and issue joyned and at any time before publication either Party is at liberty to examine witnesses before the Register giving notice of the witnesses names in writing to the Attorney of the adverse party and for want of notice the examinations to be suppressed and the first interrogatories to be ministred to all the witnesses without any alteration without special order of Court 5. That in all causes wherein witnesses have been examined in the Registers office or by Commission returned and certified publication shall without motion pass if cause be not shewed by the Plaintiff or Defendant before the rising of the second Court on Wednesday in the Sessions week in the County wherein such causes arise and both parties if present or such of them as appear there in person or by Attornies that present Sessions at their peril without service of any Process in that behalf otherwise if absent and not appearing as aforesaid to be served with a Process to hear Judgement therein at such time and place as the Justices of the same great Sessions shall appoint 6. If a Bill of Costs awarded upon any hearing or otherwise be in difference between the Attornies the Register is indifferently to tax and allow the same and the order to pass according to his approbation therein without motion 7. That no motion in any cause after appearance entred be made by Councel or Attorney without notice first given of the purpose and intention thereof to the Councel or Attorney for the Party against whom such motion is to be made and that if any such motion shall be made before notice the same shall be of no effect and at every motion the last Rule in that cause to be produced 8. Where any Person shall be brought in by Process or shall appear gratis to be examined upon a Contempt he shall give notice of such his appearance to the Attorney of the other side and if within three Courts after such appearance or notice given Interrogatories shall not be exhibited to examine him or if being examined no reference shall be procured of his Examination then the Party so examined shall be discharged of the Contempts without further motion and attend the Register for taxing of Costs which the Register is to tax without further order Montgomery and Denbigh A Note of the Fees belonging to the Prâ—â—â— thonotary of North-Wales in Causes real and mixed FOr every mean Process before Appearance ij s. For every Warrant of Attorney and Essoin severally iv d. For every Declaration Plea Reply Rejoynder Surr. Demur and joyning in Demur ij s. For every Issue joyned of either Party ij s. For every Pet. visum ij s. For every Imparlance ij s. For every Writ of Grand Cape ij s. Petty Cape ij s. View ij s. Sum. ad aux ij s. Sum. ad Warr. ij s. and other Judicial Writs ij s. For every Continuance ij s. viij d. For every Challenge to the Sheriff ij s. the like to either Coroner ij s. to all three in all vj s. For Challenge unto the Array ij s. For Affirmation or Quasat thereupon ij s. For every Ven. fac ij s. q. For every Hab. Corp. Distring c. ij s. viij d. For every Tales de Circumst ij s. For calling the Jury j s. For every Adjournment of Jury Remanet or Juror withdrawn by Assent of Parties ij s. For Verdict and Judgement iv s. For every privy Verdict v s. For Reading the Record ij s. For Reading the Evidence ij s. For every Non-suit iv s. For every Capt. by default ij s. For every Writ of Seisin ij s. For Slander the Fees for the most part concur with the precedent Fees as experience will inform Fees in Personal Actions above 40 s. Debt or Damages FOr the first Bill or Pone x d. For every second third Sum. or Distr vj d. For every Warr. of Att. and Essoin severally iv d. For every Adjourn ij d. For every Decl. viij d. For every Pet. Audit viij d. For every Li. lo. xij d. For every Bar and other Pleas xij d. For every long Plea entring Indent and Awards in heo Verba for every sheet viij d. For every ordinary Issue of either Party xij d. For every Non est factum xij d. Similiter inde iij s. For every Demurrer xij d. For Issue thereunto xij d. For every Continuance j s. iv d. For every Ve. fa. j s. ij d. For every Challenge Plea Quasat or Affirmat as before per piece ij s. For every Hab. Corp. j s. viij d. Voc. Jur. j s. Tales ij s. For every Adjournment of Jury Remanet or Juror withdrawn ij s. For Reading Record j s. For Verdict and Judgement ij s. For Non-suit ij s. For Capt. by default j s. For Ca. Sa. or Fi. fa. vj d. Personal Actions under 40 s. FOr every Summons Pone and Writs thereupon issuing iv d. Warrant Attorney iv d. Declaration iv d. Euery Issue iv d. Continuance viij d. Judgement viij d. After Issue joyned the Fees are taken as in the former Action above 40 s. For Awarding upon Record and making of every Writ of Retorn Habend ij s. Second Deliver ij s. Ca. in Wither ij s. Priviledge ij s. Procedendo ij s. Certiorari ij s. Elegit ij s. Scire fac ij s. Inquir de dam. ij s. Ha. Cor. cum Causa ij s. Duces tecum ij s. Distr Ballium ij s. Distr nuper vic ij s. Sum. severans ij s. Restitution ij s. Diminution ij s. Extent ij s. Mittimus ij s. Cap. ad Respondendum j s. Exigent j s. Cap. ult j. s For Recording the Appearance of every Person Arrested ij s. iv d. For every special Bail ij s. iv d. For Entring upon Record an Infants Admission to his Gardian or Procheyne Amy by the Court ij s. iv d. For a Deed Inrolled for every side of a Roll v s. For entring every Attornies name in the Roll when he is Sworn iij s. iv d. The Fees of Common Recovery with a single Voucher NArr vers tenant
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
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
is made a County of it self whose Justice shall be the Justice of the County of Pembroke and the Judicial Seal of Pembrokeshire shall be also used there with divers other Priviledges for which see the Statute at large Howbeit this Article was but to continue in force during the King's pleasure CXXXIX This Act shall not be prejudicial to any mans Inheritance nor to any of the King's Officers for their Offices or Fees CXL No Land in Wales shall be Gavelkind but discendable according to the course of the Common Law CXLI All Liberties of the Dutchy of Lancaster shall continue as they were before the making of this Act. CXLII Stat. 18 El. 8 The Queen and her Heirs and Successors may at her and their pleasure name and appoint two or more Persons learned in the Law to the Justices in each of the Circuits in Wales which had but one Justice before or may grant Commissions of Association to such Person or Persons to be associate to the Justice or Justices of the said Circuits who shall have like authority and power as the one Justice had by the Statute of 34 35. H. 8.26 CXLIII Stat. 27. El. 9. All Fines and Recoveries taken or suffered in the Courts of Assizes or Sessions of the twelve Shires of Wales the Town and County of Haverford-west and the Counties Palatines of Chester Lancaster and Duresme and in every of them and all Writs Returns Warrants and other proceedings concerning the same now remaining or which hereafter shall remain in the said Courts or Sessions or in any of them or in the custody of any of the Officers there may upon the request and at the election of any person be inrolled in Rolls of Parchments by such persons and for such considerations as are hereafter expressed and such Inrolments shall be as good in force in Law for so much as shall be so inrolled as the same so remaining are or ought to be CXLIV No Fines Proclamations or Recoveries there shall be reversable by Writ of Error for false Latin rasure inter-lining mis-entring of any Warrant of Attorney or of any Proclamation mis-returning or not returning of the Sheriff or other want of form in words and not in matter of substance CXLV The person there that shall hereafter take the acknowledgement of any Fine or any Warrant of Attorney of any Tenant of Vouchee for suffering any Recovery or shall certifie them or any of them shall with the Certificate of the Concord or Warrant of Attorney certifie also the day and year wheren the same was acknowledged but shall not be inforced to certifie them except within the year next after they were taken And no Clerk or Officer there shall receive any Writ of Covenant Writ of Entry or other Writ whereupon any Fine or Recovery is to pass unless the day of acknowledgement thereof shall appear by such Certificate in pain of 40 s. CXLVI No Attornment upon any Fine there shall be entred upon Record except the party mentioned to attorn have first appeared in Court in person or by Attorney warranted by the hand of one of the Justices of the same Court upon any Writ of Quid juris clamat quem redditum reddit or per quae servitia as the cause requireth and every Attornment otherwise entred shall be void without Writ of Errour or other means to avoid it CLXVII There shall be in the said places an office of Inrolments crected to continue for ever for the inrolling of Fines and Recoveries as aforesaid and the Justices there shall within their several limits enjoy the said Office and the disposition thereof and carefully see to the execution of the same by the due examination of such enrolments and for their pains and care therein shall have certain Fees allowed them for which see the Statute at large CXLVIII Unto every Roll by any Justice so examined he is to subscribe his hand in pain of 40 s. and any of the said Justices may take order in all things needfull for the said Inrolment and upon examination may in the said Courts assess such Fines and Amerciaments or any Clerk Sheriff Attorney or other Person for misprision contempt or negligence in any thing concerning such Fines and Recoveries as to them or any one of them shall seem meet which Fines and Amerciaments shall be estreated as others use to be out of the said Court CXLIX The exemplification of any such Record of any Fine or Recovery thereof or any part thereof in the said twelve Shires of Wales and the Town of Haverford-west under the Judicial Seal or in the said Counties Palatine under the Seal of the respective County Palatine shall be of as good force as the original Record it self CL. The Justices Clerks may write out and enrol the said Records but shall not carry them out of their Offices CLI No Fine or Recovery heretofore levied or suffered shall after exemplification be amended THE TABLE TO THE RULES of LAW A. AFter Appearance and Declaration three Rules in Real Actions two Rules in Actions Personal mixt and popular and the last Peremptory Rule 4. After Pleas one Rule for Replication c. Rule 4. Amerciament where it shall be upon Non-suit and no Cost to the Defendant Rule 16. Appearance when to be allowed Rule 7. Administrator vide Executor Rule 12. D. Demurrer upon it one Rule to joyn upon refusal Judgement Rule 15. E. Essoin upon calling the Writ Rule 1. Essoin to be upon Iterum sum 2 d. and 3 d. Bill Distringas c. if none be upon original before Issue Rule 2. Essoin one after a Ven. fac Rule 3. Essoin to be cast for one day only Rule 6. Executor to make Oath that he c. received not the Debt nor any part thereof nor his Testator to his knowledge in his life-time c. Rule 12. I. Imparlance after it one Rule Rule 9. Issue general upon it the Solicitor to be for the Defendant without Rule but upon special pleading or a Solicitor for the Plaintiff one Rule Rule 14. Judgrment none to be given upon Bond for performance of Covenants upon Award or upon Agreements without motion Rule 11. Judgement by Default to be taken of the same Sessions unless the Defendant plead in Bar at the same Sessions without Rule Rule 13. N. Non-suit where Amerciaments upon it and no Costs Rule 16. Narratio similis upon Writ of View Sum. ad Warran ad Auxiliandum and upon Challenge one Rule Rule 8. P. Petit. visum auditum to be demanded between 2 d. and 3 d. Rule Rule 5. Petit. auditum in Personal Actions between the first and second Rule Rule 5. Plaint removed by Certior c. from inferiour Courts to the great Sessions the Defendant appearing and the Plaintiff Non-suited the Defendant not to have Costs Rule 16. S. Scire fac upon an old Judgement in Personal Actions two Rules to appear and after Appoarance two Rules to plead upon Real Actions three Rules to