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
such Certificate upon the like pain Howbeit here all Traverses Challenges Exceptions Advantages and all other Pleas upon any such Outlawry are saved to the Offender VIII Here an Offender attainted of Felony as principal or accessary upon surety found for the good behaviour may for one time only by the assent of the President and two Commissioners be discharged and admitted to a fine to be levied for the Kings use so as no appeal be then depending against him for such offence IX Provided that this Act shall not extend to abridge the liberty of any Lord Marcher unless such Offender be outlawed or attainted by force of this Act within two yeares after the offence committed X. All Felonies and their Accessaries committed in the County of Merioneth shall be inquired heard and determined in the Counties of Carnarvan or Anglesey before the Justice of North Wales or his Deputy by Enquest of Carnarvan and Anglesey or otherwise at the discretion of such Justice or his Deputy XI All Officers and their Deputies upon command of the Commissioners or Council shall bring send or deliver every Offender in Felony to the Officer of the Lordship Marcher or other place where the offence was committed upon the bounds of such Lordship or to the said Commissioner or Council as such Officers shall be commanded in pain of 40 l. which command shall be so sent by a Serjeant at Arms or a Pursuivant then Attendant upon the said Council XII Stat. 27. H. 8.26 Wales shall be incorporated united and annexed to and with England and all Persons born there shall enjoy all Liberties as other Subjects in England do also Lands shall descend there according to the English Laws and not after the form of any Welch Laws or Customs XIII The Laws and Statutes of this Realm and none other shall be had and used and executed in Wales in like manner as in this Realm and as shall be further declared by this Act. XIV Divers Lordships Marchers are united to English Counties others to Welch Counties and the residue are divided into new particular Counties by themselves viz. Monmouth Brekenoke Radnor Mountgomery and Denbigh XV. The County of Monmouth shall consist of these Lordships Townships Parishes Commotes and Cantredes viz. Monmouth Chepstow Maherne Llamnihangel Magor Goldecliffe Newport Wenlong Llanwerne Caerlion Vske Trelecke Tinterne Skinfreth Grousmount Wite Castle Regian Calicote Biston Abergavenny Penrose Greenfield Maghen and Hochuystade all which said places shall be hereafter guildable and reputed as parts and members of the County of Monmouth whereof Monmouth shall be reputed the Shire-Town And the Sheriff of the County shall keep his Country Court at Monmouth and Newport alternis vicibus XVI All Actions for Lands and other things may be laid and sued in the County of Monmouth and tried there by Assize or Nisi prius and Venire facias and all other Process may be awarded thither by the Justices Also the Inhabitants there shall be obedient to the Kings Officers and Laws and the Sheriffs and Escheators of that County shall perform their duties and render account in the Exchequer as is used in or for any other County of England XVII The Lordships Towns c. to be reputed members of Brekenokeshire shall be Brekenoke Crekehowell Tretoure Penkelly English Talgarth Welch Talgarth Dians the Hai Glinebogh Broyulles Canterbely Lando Blainlinby Estrodew Buelthe and Lingros Also the Shire-Town shall be Brekenoke and the Shire Court shall be kept there XVIII The Lordships Towns c. of Radnorshire shall be New-Radnor Elishâ—rman Glawdistre Mihelles Church Meleneth Blewagh Knighton Norton Preston Commorhader Rayder Gwethronyon and Stonage Here also New-Radnor shall be the Shire-Town and the County or Shire-Court shall be holden at New-Radnor and Rother Gwy in the same County alternis vicibus XIX Those of Mountgomeryshire shall be Mountgomery Cedwenkery Cawryland Arustely Kiviliocke Doythur Powesland Clunesland Balisle Temycester and Alcestre Whereof Mountgomery shall be the Shire Town and the County-Court shall be holden there and at Maghenteth in the same County alternis vicibus XX. Those of Denbighshire shall be Denbyland Ruthin Saint Kiynllethowen Bromfield Yale Chirk Chickland Molesdale and Hopesdale The Shire-Town also shall be Denbigh and the County Court shall be holden at Denbigh and Wrixham in the said County alternis vicibus XXI The King shall yearly appoint Sheriffs Escheators and other Officers accomptants for the Counties for Brekenoke Radnor Mountgomery and Denbigh and shall have a Chancery and Exchequer at Brekenoke where the said Officers of the Counties of Brekenoke and Radnor shall yearly accompt before such Auditors Chamberlain and Baron as the King shall appoint for that purpose There shall be also another Chancery and Exchequer at Denbigh where the said Officers of the Counties of Montgomery and Denbigh shall also accompt before such Auditors Chamberlain and Baron as aforesaid XXII Justice shall be administred and executed in the Counties of Brekenoke Radnor Mountgomery and Denbigh according to the Laws and Statutes of England and such other Customes and Laws now used in Wales as the King and his Council shall allow by such Justice or Justicers as shall be thereunto appointed by the King and after such manner as Justice is administred in the Counties of North-Wales XXIII In the Marches of Wales there shall be made guildable and annexed to the County of Salop the Lordships Towns Parishes Commotes Hundreds and Cantredes of Oswestrie Whetington Masbroke Knoking Ellesiner Down and Cherbury Hundred Here also Oswestrie Whetington Masbroke and Knoking shall be known by the name of the Hundred of Oswestrie and the Inhabitants thereof shall be attendant at Sessions Assizes and Goal-delivery as the Inhabitants of other Hundreds within the said County of Salop use to do Also Ellesmer cum membris shall be united to the Hundred of Pimhill in Com. Salop. and the Inhabitants thereof shall be attendant as aforesaid Likewise the Lordship of Down cum membris shall be united to the Hundred of Cherbury in Com. Salop. and the Inhabitants thereof shall give their attendance as aforesaid Howbeit neither the said Hundreds of Cherbury or Oswestrie nor the Lordship of Ellesmer shall be hereby otherwise priviledged then as Hundreds annexed to the County of Salop as other Hundreds be within the same County XXIV In like manner the Lordships Towns Hundreds c. annexed to the County of Hereford are Ewyas Lacy Ewyas Harold Clifford Winforton Yerdosley Huntington Whitney Wigmore Logharneis and Stepluton whereof Wigmore and Logharneis with their members shall be called the Hundred of Wigmore and Ewyas Lacy cum membris the Hundred of Ewyas Lacy but Ewyas Harold shall be united to the Hundred of Webree in Com. Hereford and Clifford Winforton Yerdlesley Whitney and Huntington shall be called the Hundred of Huntington Here also the Inhabitants shall be attendant at Sessions Assizes and Goal-delivery holden for the County of Hereford but these Lordships c. shall claim no priviledge but as Hundreds or Members
of Hundreds of the same County XXV Likewise the Lordships Towns and Parishes of Wollaston Tidnam and Becheby and all Honours Lordships Castles Lands Tenements and Hereditaments lying between Chepstow bridge and Glocestershire shall be annexed to the County of Glocester as part thereof and shall be parcel of the Hundred of Wesebury in that County Also the Inhabitants thereof shall be attendant as aforesaid and shall claim no priviledge but as Hundreders of the Hundred of Wesebury aforesaid XXVI Cowerwisney Bishops Town Landaffe Signithe supra Signithe subtus Miskin Ogmore Glencothney Tallagarn Ruchien Tallavan Lamhelthion Lantwid Tyerial Avan Nâ—th Land-way and the Clays shall be guildable and united to the County of Glamorgan and Justice shall be administred in Glamorganshire so united according to the Laws of England as in the three Counties of North-Wales and not according to the Welch Laws XXVII Lanemthevery Abermeles Redwely Elkenning Cornwolthon Newcastle Emlin and Abergoyly shall be guildable and annexed to the County of Caermarthen where also Justice shall be administred as aforesaid XXVIII Haverford west Kilgaran Lansteffan Langherne alias Tellanghern Walwinscastle Dewis land Lanny baddein Lanfrey Herbirth Slebeche Rosmarket Castellan and Lland of Loute shall be guildable and annexed to the County of Pembroke wherein Justice shall be administred as aforesaid XXIX Tregarn Generglin Landwy and Vrency shall be guildable and united to the County of Caraigan and there also Justice shall be administred as aforesaid XXX Mountway shall be guildable and annexed to the County of Merioneth in North-Wales as a commote or part thereof XXXI All Justices Commissioners Sheriffs Coroners Escheators Stewards and their Lievtenants and all other Officers and Ministers of Law shall proclaim and keep Sessions Courts Hundreds Leets County-Courts and all other Courts in the English tongue and all Oaths of Officers Juries and Enquests and all Affidavits Verdicts and Wagers of Law shall be given and done in the same tongue XXXII None that use the Welch language shall have or enjoy any Office or Fees in any of the Kings Dominions but shall forfeit them unless he use the English XXXIII The Sheriffs of Monmouth Brekenoke Radnor Mountgomery and Denbigh shall put every unruly person under common Mainprize as the Sheriffs of the three Counties of North Wales use to do XXXIV The Sheriff of Monmouth shall certifie such Recognizances common Mainprize and Surety of Apparence at every Quarter-Sessions of that County and the persons so bayled shall appear at the two Sessions holden at Easter and Michaelmas until they be released XXXV The Sheriffs of Brekenoke Radnor Mountgomery and Denbigh shall certifie such Recognizances c. before such Justice as the King shall appoint at every Sessions to be holden in the said Counties XXXVI All persons under Bail for appearance in the Counties of Brekenoke Radnor Mountgomery Denbigh Glamorgan Caermarthen Pembroke and Cardigan either by the Sheriffs or Justices of those Counties shall appear before the said Justices at every Sessions as is used in the three Counties of North Wales XXXVII The lay and temporal Lords Marchers shall have the moiety of every such Recognizance forfeited within their respective Precincts to be paid them by the Sheriff if he can levy them who is also to answer the other moiety to the King in the Exchequer upon his account XXXVIII The Lord Chancellor shall forthwith after this Parliament direct a Commission under the great Seal for the division of the Counties of Caermarthen Pembroke Cardigan Monmouth Brekenoke Radnor Mountgomery Glamorgan and Denbigh into convenient Hundreds to be returned into the Chancery and there to remain of Record which shall be of like force as an Act of Parliament XXXIX Commissions also shall issue forth to enquire after the Welch Laws and Customs and such of them as shall be thought fit by the King and Council to be continued shall stand and be in full force notwithstanding this Act. XL. Two Knights for the County and one Burgess for the Burrough of Monmouth shall be chosen to serve in Parliament XLI Also one Knight shall be chosen for each County of Brekenoke Radnor Mountgomery and Denbigh and for every other County in Wales and for every Burrough being a Shire-Town except the Shire-Town of Merioneth one Burgess XLII The said Knights and Burgesses shall be elected and enjoy like Priviledges and Fees as Knights and Burgesses of England And the Knights Fees shall be levied of the Commons of each County and those of the Burgesses as well of the Shire-Towns whereof they be Burgesses as of all other ancient Burroughs within the said respective Counties XLIII All Lords Marchers shall enjoy all such Liberties Mises and Profits as they had or used to have at the first entry into their Lands in times past notwithstanding this Act. XLIV The Laws and Customs of the three Counties of North Wales and of the County Palatine of Lancaster are saved XLV This Act shall not extend to derogate any other Act heretofore made for the trial of Treason Murther or Felony or accessaries thereunto committed in any Lordship Marcher in Wales or in any Court of England next adjacent thereunto XLVI Lands by the Custom partable amongst males shall so continue notwithstanding this Act. XLVII The King hath power within three years to suspend or repeal this Act As also within five years to erect as many Courts of Record or others and to appoint as many Justices and other Officers in Wales as he should think fit XLVIII Stat. 33. H. 13. Hope Asaph Hawarden Moldesdale Mereford and Oseley shall be reputed to be within the County of Flint as part thereof and not in any other County Howbeit they shall pay their Taxes with the Inhabitants of such Shire or Shires as hath been formerly accustomed XLIX Also Hope Modesdale Mereford Oseley and Hawarden shall be called the Hundred of Modesdale in the County of Flint and Asaph shall be reputed parcel of the Hundred of Ruthland in the same County L. Stat. 34 35. H. 8.26 Wales shall be divided into twelve Counties whereof eight were ancient Counties viz. Glamorgan Caermarthen Pembroke Cardigan Flint Carnarvan Anglesey and Merioneth also four other were made by the Statute of 27 H. 8.26 viz. Radnor Brekenoke Mountgomery and Denbigh besides the County of Monmouth and divers Lordships united to the Counties of Salop Hereford and Glocester LI. The limitations of Hundreds lately made within the said Counties by Commission out of the Chancery and again returned thither shall stand in force except such of the same as have been since altered by any Act and shall be altered by this LII There shall remain a President and Council in Wales and the Marches thereof with Officers and Incidents thereunto as hath been used which President and Council shall hear and determine such Causes as shall be assigned to them by the King as heretofore hath also been used LIII Sessions shall be kept twice a year in the Counties of Glamorgan Brekenoke Radnor Caermarthen Pembroke Cardigan
Mountgomery Denbigh Carnarvan Flint Merioneth and Anglesey which Sessions shall be called the Kings great Sessions LIV. The Justices of Chester shall hold Sessions twice a year in the Counties of Denbigh Flint and Mountgomery for his old Fee of 100 l. per annum LV. The Justices of North Wales shall do the like in the Counties of Carnarvan Merioneth and Anglesey and shall have a Fee of 50 l. per annum LVI A person learned in the Law to be appointed by the King shall be Justice in the Counties of Radnor Brekenoke and Glamorgan and shall likewise hold Sessions twice a year and have for his Fee 50 l. per annum LVII Another such person to be appointed as aforesaid shall be Justice in the Counties of Caermarthen Pembroke and Cardigan and shall hold Sessions and have Fee as aforesaid LVIII The said Justices shall have Commissions under the Great Seal for their Offices to be executed by themselves or their Deputies LIX These Justices may hold Pleas for the Crown in as large manner as the Lord Chief Justice or the other Justices of that Bench may do and also Pleas of Assizes and all other Pleas and Actions real personal and mixt in as large manner as the Chief Justice of the Common Place or the other Justices of that Court may do LX. They shall also enquire hear and determine all criminal offences whatsoever committed within their several limits and administer common justice to all the Kings Subjects there according to the Laws Statutes and Customs of England and this present Ordinance LXI The said Sessions shall each of them hold six dayes as hath been used in North Wales and notice thereof shall be given by Proclamation fifteen dayes at least before they keep the same LXII Dayes shall be given in all Pleas Plaints Process and Adjournments from day to day and Sessions to Sessions at the discretion of the said Justices for the good and speedy administration of Justice LXIII The Seal for the three Counties of North Wales viz. Merioneth Carnarvan and Anglesey shall remain in the custody of the Chamberlain of North Wales The Seal for Carmarthen Pembroke and Cardigan with the Chamberlain of South Wales That for Brekenoke Radnor and Glamorgan with the Steward and Chamberlain of Brekenoke That for Denbigh and Mountgomery with the Steward and Chamberlain of Denbigh And that for Flint with the Chamberlain of Chester LXIV The said Stewards and Chamberlains shall with the Seals seal all original Writs and Process returnable before the Justices at the Sessions as aforesaid and shall answer the Profits thereof to the King But none of them or any Chancellor shall by occasion of keeping such Seals compel any person inhabiting in any of the said twelve Shires to appear before themselves or their Deputies or hear or determine any Pleas or Causes whatsoever otherwise then as by this Ordinance is limited And such Writs and Process shall be returned before the said Justices as hath been used before the Justice of North Wales LXV All that shall be Stewards Chamberlains or Chancellors within any of the said twelve Shires having Offices of Receipt Collection or account of any of the Kings Rents Revenues or Profits there may direct Process under the said Seal being in their charge within the limits of their Authorities against Bailiffs Reeves Fermers and other Ministers accomptant to appear before themselves for any such Rents Revenues Farms or Profit as hath been heretofore used But for nothing else nor to any other person LXVI The Steward 's also may hold Leets Law-dayes or Court-Barons of the Lordships whereof they are Stewards and also Pleas by Plaint under 40 s. in every such Court-Baron and have and enjoy all Authorities and Profits thereunto belonging notwithstanding any Law or Custom in Wales to the contrary Howbeit neither they nor Sheriffs shall have power to enquire of Felonies in any such Leet Law-day or Turn Neither shall they keep any Leet or Law-day but in such places where they were used to be kept before the Statute of 26 H. 8.6 So as the place be convenient for the keeping of such Courts LXVII Maiors Bailiffs and Head-Officers of Corporate Towns in Wales may hold Pleas and determine Actions so as they observe the Laws of England and not Welch Laws or Customs They may also try Issues by six men as in divers places hath been used notwithstanding this Act. LXVIII The King may within seven years dissolve Boroughs in Wales and erect others there by his Letters Patents LXIX Officers certain Fees appearing in the Kings Letters Patents shall continue but not their casual Fees claimed by colour of their Offices any Custom in Wales or this Act to the contrary notwithstanding LXX Each Justice shall also have a judicial Seal to seal all Bills and judicial Processes sued before them in the Sessions whereof the first shall remain with the Justice of Chester for Flint Denby and Mountgomery The second with the Justice of North Wales The third with the Justice of Glamorgan Brekenoke and Radnor And the fourth with the Justice of Pembroke Caermarthen and Cardigan Also every such Justice shall accompt and answer to the King the Profits of the Seal in his custody as shall be hereafter declared And the Teste of every Bill and Process that passeth under such Seal shall be under the name of the Justice that issueth it out as is used in the Common Place in England LXXI All Actions real and mixt Attaints Conspiracies Assizes Quare impedits Appeals of Murder and Felony and all Actions grounded upon any Statute shall be sued by Original Writs sealed with the Original Seal and returnable before the Justices at their Sessions but all personal Actions as Debt Detinue Trespass Account and the like amounting to the summe of 40 s. or above shall be sued by such Writs Original or by Bills at the election of the Plaintiff as is used in North Wales LXXII All personal Actions under the sum of 2 l. may be sued by original Bill as is also used in North-Wales sealed by the Judicial Seal remaining in the custody of the Justice LXXIII The Fee for sealing every original Writ upon the Causes aforesaid and for every Bill in Actions personal when the Debt and Damages amount to 2 l. or above is 6 d. and for every Judicial Process sued upon any such original Writ or Bill 7 d. whereof the King shall have 6 d. and the Justice 1 d. And for every Bill in personal Actions when the Debt and Damages amount not to 2 l. and for every Judicial Process to be sued upon the same 3 d. whereof the King is to have 2 d. and the Justice 1 d. LXXIV All Writs of Scire facias and Writs of Good Abearing or for the Peace or Writs of Supersedeas upon the same and all other Process sued before the Justices upon any Record or Suggestion shall be sealed with the Judicial Seal for which the Plaintiff shall pay 7 d. whereof
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
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
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