Dominus Rex non vult quod consuetudo illa abrogetur sed quod haereditates remaneant partibiles inter consimiles haeredes sicut esse consueverunt fiat partitio illius sicut fieri consuevit Hoc excepto quod bastardi non habeant de caetero haereditates etiam quod non habeant p. partes cum legitimis nec sine legitimis Et si forte haereditas aliqua ex tunc pro defectu haeredis masculi descendat ad legitimas mulieres haeredes ultimi antecessor sui inde seisiti volumus de gratia nostra speciali quod eodem modo mulieres legitimae habeant p. partes suas inde sibi in Cur. nostra assign licet hoc sit contra consuet Wallensicam ante usitatam Et quia Wall nobis supplic ut eis concedamus quod de rebus suis immobilibus veluti de terris ten iuquiratur veritas per bonos leg homines de visneto de consensu partium electos de mobilibus sicut de contractibus debitis fidejussionibus conventionibus transgressionibus catallis omnibus allis hujusmodi mobilibus uti possint lege Wallensica qua uti consueverunt quae talis erat Quod si aliquis conquereret de alio de contractibus vel factis in tali loco quod posset intentio quaerentia probari per. videntes audientes Cumque petens per hujusmodi testes quorum testim reprobari non posset probaverit intentionem suam recuperaret rem petitam condemnaretur pars adversa in aliis quae non possit probari per videntes audientes esset pars defendens ad purgationem suam aliquando cum pluribus aliquando cum paucioribus secundum qualitatem quantitatem rei vel facti in furto si furtum inven in manu se purg non posset sed pro convicto haberetur ¶ Nos pro communi pace quiete dicti populi nostri terrae nostrae Wall praemissa eis concedimus Ita tamen quod in furtis latrociniis incendiis murdris roberiis manifestis notoriis locum non habeant nec ad ea aliquatenus se extendant in quibus volumus quod utantur legibus Angliae prout superius est expressum Et ideo vobis mand quod praemissa de caetero in omnibus firmiter observetis Ita tantum quod quotiescunque quandocunque ubicunque nobis plac possimus praedicta statuta eorum partes singulas declarare interpretari addere sive diminuere pro nostrae libito voluntatis prout securitati nostrae terrae nostrae praedictae viderimus expedire In cujus rei testimonium praesentibus sigillum nostrum est appensum Dat apud Rothelan die dominica in medio quadragessimae Anno Regni nostri xij An Abridgement of the Statutes uniting Wales to England and establishing the Courts of the Great Sessions there I. STat. 26. H. 8.4 Forthwith upon the charge given to an Enquest in Wales or the Marches thereof upon any traverse against the King or trial of any recognizance broken or any forfeiture due to the King or upon trial of any murderer felon or accessary an officer or other person shall be deputed and sworn in open Court for the true keeping of the Jurors who without special order of the Court shall not suffer them to have any bread drink meat fire or light nor to speak to any person whatsoever nor speak to them himself before they are agreed upon their verdict unless it be only to ask them whether or no they are agreed and all this such Keeper shall observe in pain to be imprisoned and fined at the diseretion of the Court. II. Here if the Jurors give any untrue Verdict against the King contrary to good and pregnant Evidence or otherwise misdemean themselves the Lord President and Council upon complaint thereof have power to convent them before the said Council and to punish them at their discretion III. Stat. 26. H. 8.6 All Persons dwelling in Wales or the marches thereof upon warning of any Court to be kept within their respective limits shall appear there in proper person to do their service in pain of such fines forfeitures and amerciaments as shall be assessed upon them by the respective Courts where they owe such service to be levied by distress to the use of the King within his Lordships there and of other Lords marchers within theirs IV. If any Steward or other Officer there do feign any untrue surmise against any person that shall so appear as aforesaid and thereupon commit him to prison contrary to Law or the Custome of that Lordship the Commissioners or Council upon complaint have power to send for such Steward or Officer and if upon good proof it be found that the party was so imprisoned without lawful cause they shall assess such Steward or Officer to pay him 6 s. 8 d. for every day of his imprisonment or more at their discretions as the damage shall deserve the Commissioners shall also fine him to the Kings use whether he appear or not and may compel him by imprisonment to pay such fines and penalties both to the King and the party grieved V. Courts in Wales and the Marches thereof shall be kept in the most sure and peaceable places of each Lordship Marcher where the Justice Steward or other Officer thereof shall appoint VI. Justices of Peace and Goal-delivery in the Counties next adjoyning to Wales where the King 's Writ runneth may hear and determine the offences of Counterfeiters Washers Clippers or Diminishers of Coin and all Felonies and their Accessaries committed in Wales or the Marches thereof And acquital or fine making for any of the said offences in any Lordship Marcher shall be no bar for any Person or Persons indicted for the same within two years next after such offence committed VII The said Justices of Peace and Goal-delivery have power to award all manner of Process as well of Outlawry as otherwise against every such offender and shall send to the Lord or Officer of the Lordship where the Offender is resident a Certificate under the Seals of two of them at least of any such Outlawry or Attainder commanding him under the pain of 100 l. to be forfeited to the King to apprehend or cause to be apprehended the body of such Offender and safely to keep him until such convenient time before the next Goal delivery of the County where he was so outlawed as shall be thought fit for his conveyance thither and then he shall be conveyed from Marcher to Marcher by the Lords or Officers thereof to the said next Sessions of Goal-delivery of the County where he was so outlawed as aforesaid And here the Lords Marchers and Officers aforesaid by whom he is so to be conveyed shall not be negligent herein in pain to forfeit each of them so making default 100 l to belevied to the King's use Also the said Lords or other Officers shall at the said Sessions make due return of
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
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