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
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
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
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