Practica WALLIÆ; OR THE PROCEED IN THE Great Sessions OF WALES: Containing the Method and Practice of an ATTORNEY there, from an ORIGINAL to the EXECUTION.  
Whereunto is added, The Old Statute of Wales at large; And an Abridgement of all the Statutes uniting Wales to England: with Tables of the Fees, and the Matters therein contained.  
By Rice Vaughan, late of Grays-Inne Esquire.  
LONDON, Printed for Henry Twyford, John Streater, and Eliz. Flesher, Assigns of Richard Atkins and Edward Atkins Esquires. 1672  
Come Gratia & Privilegio Regiae Majestatis.   


Academiae Ganwbrigiensis Liber    

To the Honourable Sr. JOB CHARLETON, Chief Justice of Chester. ROBERT MILWARD Esq One of the Commissioners of the Privy Seal. Sir THOMAS JONES, Sergeant at Law. KENRICK ETON Esq  
Honoured Sirs,  
THIS Tract how little soever, yet contains within its Circuit the Interest and Concerns of many worthy and Honourable Persons, to whom the late Author was in hopes it would be no less acceptable than beneficial; especially if admitted into your protections, who for the greatest Reason understand the management of all Affairs therein discoursed. You cannot but know the many alterations that happeneth in those Counties upon the uniting thereof unto the Crown of England; for the better understanding of the then settlements there, upon which the proceed of these Courts are grounded, there is now added the effects of all the Statutes yet remaining in force. So that in this short view, you see the basis and superstructure of the Law, as it stands settled by Statutes, and the usual and ordinary proceed thereupon, with the just Fees, all reduced to our modern Scale, which in the dead Author's behalf I offer to your Honours, desiring to approve myself in all things,  
Your Honour's devoted Servant, T. M.   

THE TABLE.  


A.  
ACtion, how to commence it in the great Sessions of Wales. page 2.  
Actions, real proceed therein speedy. p. 6, 7.  
Attorney must take care to understand his Client's business rightly. p. 7, 8. 36, 37. 70, 71.  
Alias dictus, where necessary, &. è contra. p. 9  
Account, proceed therein. p. 26.  
Actions upon Penal Statutes, how to be brought. ibid.  
Audita Querela, where it lies, and, for what. p. 28, 29.  
Accedas ad Curiam, where it lies, and the nature of it. p. 29, 30.    


B.  
Bill and Queritur how they differ. p. 2, 3.  
The return thereof speedy, and the reason and effect of it. p. 3, 4.  
Bail, who appears upon Bail must be discharged upon Bayl. p. 16. 35.    


C.  
Charges in a Suit in Wales, where the Debt exceeds not 40 d. p. 6.  
Concessit solvere, the nature thereof, and Plea therein. p. 13, 14.  
Cape Petit, when to be awarded, and when the grand Cape. p. 16, 17. 51.  
Costs, where it shall be paid p. 17. 22. 26.  
Curia claudenda, the nature thereof, proceed therein. p. 27.  
Certiorari, the proceed therein. p. 32, 33.  
Challenge, where it lies, and why. p. 38, 39 40, 45.    


D.  
Defendant not prejudiced but by his own Laches, and why. p 5.  
Declaration when it must be b ought in, and filled. p. 11.  
Damages, a Writ of Enquiry of Damages, where it lies. p. 15, 16.  
Distringas, Alias, Pluries, and Plus Pluries Distringas, where to be sued out. ibid.  
Dower, the proceed therein. p. 16.  
Where a Writ to assign it shall be granted. p. 17.  
Detinue, the nature of the Action, and the proceed therein. p. 25.    


E.  
Execution how attainable. p. 5, 6. 60. ad 71.  
Essoyn without Warranty, the ground of an Iterum Summoneas. p. 9  
Error, Writs of Error where they lie, and for what. p. 29.  
Proceed therein. p. 30, 31.  
Executions, several sorts thereof. p. 60. ad 70.    


F.  
Formedon, the Tenant may vouch therein. p. 19, 20.  
False Judgement, Writ of false Judgement where it lies, p 29.  
Proceed therein. p 31, 32.  
Fees of the Prothonotary of North- Wales, in Causes real and mixed. p. 83, 84.  
Fees in Personal Actions. p. 85, 86, 87.  
Other Fees rated and settled. p. 93. ad 100    


H.  
Homine Replegiando, where it lies. p. 25.    


I.  
Judgements by default, how obtained. p 4, 5. 9, 10, 11.  
Iterum Summoneas, where grantable. p. 9  
Judicium si, what it is. ibid.  
Issues, where to be returned, p. 14, 15.  
Imparlance, where grantable, which in Latin is called, Li. Lo. p. 20.  
Special and general, their difference. p. 21.  
Jury, their duty. p. 49. ad 60.    


M.  
De Muliere abducta cum bonis viris, the nature of it, and proceed therein. p. 27.    


N.  
Nonsuit, where it shall be entered. p. 17, 22.  
Nihil inde, when and where to be entered. p. 21.  
Ne recipiatur, where it may be entered. p. 33.    


O.  
Original in what cases necessary. p. 10, 11.  
Oyer where it may be demanded. p. 12.    


P.  
Plaintiff, what he must do to obtain execution. p 5, 6, 9, 10.  
Pleas dilatory seldom admitted in the Courts of Wales. p. 6.  
Plead usual in an Action of Debt. p. 11, 12.  
Pleas in other cases. p. 12.  
Proceed at the second Sessions, when Issue is not joined at the first. p. 21.  
Partition, the proceed therein. p. 25, 26.  
Proceed general in all causes. p. 38.    


Q.  
Queritur, the words thereof in divers cases. p. 14.  
Quod ei deforceat, the Writ and proceed therein. p. 16, 17.    


R.  
Rule general and peremptory, p. 11.  
Right, Writ of right is conclusive, and the Tenant may vouch therein. p. 19, 20.  
Replevin, the nature of the Action, and the proceed therein. p. 24, 25.  
Returno habendo, where and when to be granted. p. 24 25.  
Rationabili parte bonorum, the nature of it, and proceed therein. p. 27, 28.  
Recordare, where and for what it lies. p. 30.  
Rules settled for businesses at the great Sessions. p 75, 76, 77, 78.  
Rules in the Chancery there. p. 79, 80, 81, 82.  
Recovery, common Fees therein. p. 88, 89, 90.    


S.  
Sessions, great Sessions in Wales, the time of the summoning thereof. p. 1, 2.  
The proceed therein, p. 2.  
They have a Chancery in themselves. p. 7.  
Summon● and pledges to be returned. p. 9  
Summons only in some cases, p. 11.  
Sequatur sub suo periculo, a Writ where it is grantable. p. 19  
Summons, ad sequendum simul cum, where necessary. p. 19, 20.  
Summons and severance where necessary. p. 20.  
Similis Narratio, what it is. p. 23.  
Statuta Walliae temp. E. l. p. 101, ad 149.  
Statutes for uniting Wales to England. p. 150, ad finem.    


T.  
Titlixg of Actions truly very material to the Cause. p. 8, 9    


V  
Variance, where pleadable and why. p. 8.  
View of Lands where demandable. p. 23.    


W.  
Wager of Law where admitted. p. 11, 12.  
Withernam, the Writ where and why grantable. p. 25.  
Waste, the proceed therein. p. 26.  
Wales, Statutes of Wales in the time of Ed. I. p. 101, ad 149.  
Wales united to England by several Statutes, and the Abridgement thereof. p. 150, ad finem.     

The Manner of the Proceed in the Courts of the Great Sessions in the Counties of Montgomery, Denbigh, and Flint, within North-Wales, as it now is.  
ABOUT three Weeks before every Great Sessions (by Warrant from the Chief Justice of the Circuit) a general Writ of Summons is sent forth by the Prothonotary to the Sheriff, by which the Sheriff is Commanded to Proclaim throughout his County, that the general Great Sessions for the County is to be holden at such a day and place: And that he Summon and give Warning to all Justices of the Peace, etc. Officers, and other Persons whom it doth concern, that they appear at the day and place limited by the said Writ. Which Proclamation being made on a Market-day, all Persons whatsoever (by the course there holden) whether Plaintiffs or Defendants in Suits before depending, or others who intent to Commence any Suits, and also all such who suspect any Suits may be brought against them, are at their perils, according to the general Summons before mentioned, to have their Attorneys in Court to prosecute and defend the said Suits.  
The Sessions being begun, The Plaintiffs who are to Commence Actions, do retain their Attorneys, and bring their Actions, either by original Writ (as is usual for all kind of Debts not finable upon the Original) which Writs are made returnable the first day of the Sessions, and dated fifteen days before the Sessions, or else by Bill or Queritur, which may be either for Debt, Trespass, or upon the Case. And whether it be by Original, or else by Bill, or Queritur the Defendant upon the Original, and first Bill, or Queritur, and all Process (before appearance) thereupon awarded, is ever called in open Court, to come forth and answer to the Plaintiff in such or such an Action (as the Case is) and if by Original, the Defendant being thereupon called, and not appearing, than a second Writ of Summons is awarded, returnable the next day after, which being made by the Prothonotary, and sealed with the Judicial Seal of the Court, and returned by the Sheriff, the Defendant is thereupon a second time called openly in Court. And if then the Defendant appear not, the Plaintiff hath Judgement by Default.  
So it is also in case the Action be brought by Queritur, or Bill, saving only that Judgement is not in that case had before a third Writ of Summons issue, and thereupon the Defendant being the third time called, do make Default: whereas if by Original, there needs but one Writ of Summons, besides the Original itself.  
The first Bill or Queritur, commonly bears date the first day of the great Sessions, or the day when the Attorney sueth it forth, and is returnable the next day after the date of it; whereupon if the Defendant, being openly called in Court, appear not, than a second Writ to Summon the Defendan-again is awarded; whereupon if the Defendant being the second time called, appear not, than a third Bill or Queritur, to Summon the Defendant, is awarded; whereupon if the Defendant being called a third time, appear not, than the Plaintiff hath Judgement by Default. And these Writs are successively awarded, and made returnable de die in diem, and the Judgement had in three days at the most, in cases of debt, if the Defendant appear not, but if the Defendant appear, than the Plaintiffs Attorney declares, and upon the Defendants pleading, and not confessing the Action, than issue is joined the same Sessions, and tried the next Sessions after.  
And it is here to be observed, that the awarding of these Process, and obtaining of these Judgements by Default, depend upon the Sheriffs return of any ●●e said Writs, whether the Actions be brought by Original, or by Bill, or Queritur: For if the Sheriff return a Summons (as usually he doth in all cases of Debt, because of the general Summons of the Sessions upon the Writ first before mentioned, by which the Sessions was proclaimed) then those Judgements are obtained as is before expressed. But if the Sheriff return, that the Defendant hath nothing in his Bailiffwick, whereby he may be Summoned (or Attached) as usually he doth in cases of Trespass, and upon the Case, than a Capias to Arrest the Defendant is awarded; and a Writ of Distringas also ad infinitum in cases of Trespass, and issues thereupon returned by the Sheriff, until the Defendant do appear.  
Neither is the Defendant in case of these Judgements thus obtained by Default, any way prejudiced, but by his own Laches or wilfulness: For in all cases of Debt, if he or his Attorney tender an Appearance any day within the Sessions (or after, with consent of the Plaintiffs Attorney, before the Debt sworn) the appearance is accepted. And if he neglect so to do, so that the Judgement stand, yet no Execution can go forth until the Plaintiff do first swear his Debt, and Damages for the forbearance of it, either before the Judges in open Court, or else by special Commission, in which Case also execution of the Writ by the Sheriff (though gone forth) is stayed in the Attorney's hand by Order, till commonly six Weeks or two Months after the Sessions, to the end that the Defendant may satisfy the Debt before the delivery of the Writ to the Sheriff, if he please.  
In prosecution of all which kind of Actions in Debt and Trespass (which are almost the whole business of the Sessions) the parties are not delayed above one or two Sessions, unless by some dilatory Pleas and Demurrers (which seldom happen) and for taking away whereof, some provision may be made: and the Charges, unless in Cases where and issue is pleaded, and trial thereupon had, not commonly above thirty shillings, except where the Debt being above forty pound, is finable to the King, in case the Action be brought by Original. Neither are the People in prosecuting and defending these Actions, enforced to travel out of their own Counties.  
Also in Cases of real Actions (which are very few) the proceeding is speedy, unless it happen by multiplicity of Plead, occasioned by the intricacy of Titles, and variety of Conveyances to be pleaded, which for the most part is avoided, the Conveyances being given in Evidence.  
Those Courts of the great Sessions have a Chancery within themselves, and have had power to relieve in Cases of Equity ever since H. 8, time.  

A Tract or Directory touching the Practic of an Attorney's profession in the Court of the great Sessions in Wales.  
IN the first place it concerns an Attorney partly as well as the Lawyer to understand (at least) the nature, if not the whole cause and ground of his Client's Action or Suit, before he undertakes to follow it, without which he will not be able to do his Client any great benefit, more than suing out of Process, and going from Office to Office, which every ordinary fellow that can but write and read is able to do as well as he.  
Then to ease his Council, 
Common Actions at the Sessions.  and not to trouble him to do every ordinary plain thing, he is to draw his Titling for to have out his original Writ, or Queritur, as the case requires, and the most common and ordinary Actions in the Sessions are.   

Actions of Debt, of Trespass, of Trespass on the Case, Trespass and Ejectment, Writs of Dower, & Quod ei deforceats.  
These Titlings are usual things. To instance in one of Debt; which is the commonest, The Defendant must be named in the first place according to the truth of his name, dwelling place, and addition, and in the second place, or alias dictus, if by specialty, according to the words of the Obligation, verbatim & literatim; for if the words of the Writ and the words of the Obligation do not agree, the Defendant may plead variance between the words of the Writ, and the words of the Obligation, and so abate the Writ, which must be after appearance, and before Declaration be put in; but if there be no Obligation for the debt, than there needs no Alias dictus in the Writ, and in that and other Actions there be precedents for the Titlings, which therefore need not be insisted on here.  
In every Writ where the Sheriff is commanded only to summon the Defendant to appear, the return therein must be pledges and summons to answer the Writ, and if the Defendant neither appears nor essoigns on the original Writ in debt, and if he essoigns and warrants not his Essoign within the next day after he casts the Essoign, an Iterum Summoneas is to issue out, upon which Writ, in default of appearance or Essoign, there is Judgement granted by default, which is commonly called Judicium si, etc. (but not entered so upon the Roll) which is a conditional Judgement, for (before the Judgement be entered) the Plaintiff is to swear his debt, and thereupon to recover only what he swears to be due, with ordinary interest and costs: And if the Iterum Summoneas be essoigned (which may be when the first is not) it is but a day's delay, and then if no appearance be, Judgement is to be had, as formerly is said.  
But if you sue upon a Bond for performance of Covenants, Articles, Awards, or any other collateral matter, being not absolutely for payment of money, the Plaintiff is also therein to recover by default for want of appearance, and yet not swear his debt or damage; but (upon motion and showing the special matter) he shall have Judgement entered absolutely (after calling the Iterum Summoneas) for the whole penalty of the Bond, without any Oath as aforesaid.  
If the debt be due within fifteen days of the Sessions, or the case otherwise lies (as several ways it may) so that the Action cannot be begun by an Original, then there must be a Queritur or a Bill had from the Prothonotaries' Office, upon which you must have a second and a third Bill, and them called, the first one day, the second the next day, and the third the third day, before you can recover by default, and then Judgement is to be had (in the same manner as if it had been begun by Original) in default of appearance. And on these last mentioned Writs the Sheriff is to return only Summons, as well upon the Queritur as upon the second and third Bill, for the Plaintiffs Pledges are always inserted of Course within the Queritur or first Bill, and there is no prejudice or any great matter or difference whether the Plaintiff sue by Original or Queritur, but that he cannot proceed to Outlary against the Defendant upon the Queritur.  
After you have gotten an appearance upon any Writ or Bill, than the Plaintiff must declare, and call or move for a Rule for the Defendant to answer, the first Rule is general, and the second in all those personal Actions is peremptory, and if the Defendant pleads not before the peremptory Rule be out, than the Plaintiff is to recover upon a Nihil dicit.  
The common and most usual pleading to an Action of Debt upon a Bond for payment of money in this part of Wales, is non est factum, and to an Action of Debt without specialty, is nihil debet per patriam, etc. whereunto the Plaintiff replies to join up the Issue, but for a Debt without specialty the Defendant may wage his Law, and say Nil debet per Legent, in which case the Court will assign the Defendant a day to come to wage his Law, which commonly is the first sitting of the next Sessions following, and cannot be delayed further, where the Defendant must swear he owes the Plaintiff nothing, and produce twelve men to swear that they believe it, which is called Duodenâ manu, but the Court accepts of three or four with the Defendant, as I have seen it, but if the Defendant comes not to wage his Law, the Plaintiff is to recover.  
There be indeed several other Pleas to be pleaded to Actions of Debt due by Bond, as per Minas, per Dures, Imprisonment, Release, Nonage, etc. which may be seen in the Books of Entrees.  
If the Bond be with Condition the Defendant may demand Oyer of it, which must be done between the first and second Rule, and then Conditions performed may be pleaded, which are usually and fittest to be done by Council, and Oyer may be demanded of all other Bonds and Writings pleaded, if the Defendant plead in manner as aforeaid.  
In all or most Actions of Debt without out Bond, or Specialty upon simple Contracts, there is (at the great Sessions in Wales) a far shorter and less intricate way to declare, and so ground an Action, then in the Courts above at Westminster, by the ancient Custom of North-Wales, had and deduced from those three Northern Counties that were Shire-grounds time beyond all memory, and are (indeed) rightly and properly the very North-Wales, which way is by a mere and plain Concessit solvere, and no matter expressed besides the time and place of the Contract, and the day of payment, whereunto the Defendant most commonly pleads the aforementioned general Issue of Nil debet per patriam, and at the trial the whole matter and consideration will be given in Evidence, so that thereby the Plaintiff saves what often falls out, by declaring specially in an Action upon the Case for every Debt upon small Contracts, wherein the Plaintiff will be more closely held to prove all Circumstances mentioned in the Declaration, for all Actions upon the Case are strict, and therefore more subject to miscarry, and by several ways overthrown then those general ways of Concessit solvere, which are constantly used and approved by the privilege of the Custom aforesaid, which are often very beneficial to the Plaintiff in many things, for the Defendant hardly (till the Trial) (knows if many Bargains passed between him and the Plaintiff) upon which of them the Plaintiff will produce his proof, and if the Plaintiff can make proof but of part of the Debt declared, he shall recover so much, for the Defendants Plea (upon which the Issue is joined) says he doth not owe that Debt or any part thereof, and so it is beneficial in many things else, but not in Actions upon the Case for Debt, where the proof must be punctual with the Declaration.  
In all Actions of Trespass, Trespass upon the Case, Trespass and Ejectment, the words of the Writ or Queritur to the Sheriff are, Quod ponet per vadios & salvos plegios, and on every Writ where these words are, the Sheriff is to return Issues, which must be more or less, as the nature, greatness, or condition of the Cause requires, which if he doth not, the Court upon motion will command to heighten or increase the Issues, thereby to compel the Defendant to appear, and to expedite the Plaintiffs Cause to Trial, because it is well known, that in all these Actions the Plaintiff cannot recover by default for want of appearance, but after appearance if the Defendant pleads not, the plaintiff may have a Writ to inquire of Damages, as hereafter appeareth: If the Defendant appears not, the Plaintiff must sue forth a Distringas, an alias, a pluries, and a plus pluries Distringas, and so in infinitum till appearance be had, and upon every Distringas the Sheriff is to increase the Issues, or rather at least to double them; but if the returning of Issues will not compel the Defendant to appear, than the Sheriff may be compelled to return a Nihil habet in Balliva mea per quod distringi possit, etc. and upon that return a Capias may be had to apprehend and attach the body of the Defendant to answer, etc. And if thereupon the Sheriff retorns a Cepi Corpus, etc. the Defendant being brought to the Bar, shall upon motion be ordered to remain in the Sheriff's Custody, till he find Bail or Pledges to answer such Recovery as shall be had against him, for it is an observed Rule, he who comes in or appears upon Bail, must go out or be discharged upon Bayl.  
If the Defendant after appearance plead not, than the Plaintiff is to move in all the last mentioned Actions for a Writ to inquire of Damages, and then the awarding of it must be entered, which in some respects is in nature of a Judgement; and upon the return of it, and of the Juries Inquisition, Judgement for the Damages and Costs is to be entered, but not used without a special motion to have it granted; for the Defendant may object many things against the Inquisition, and thereby prevent the filing of it, and so perhaps put the Plaintiff to take out a new Writ.  
In Writs of Dower & quod ei deforceat, the second Writs are Summons, and the third is a grand Cape, upon which if the Defendant appears not, the Demandant is to recover by default, and to have a Writ of Seizing of the Lands; but the Tenant may appear upon the grand Cape, and save or excuse his default, which is very seldom, and not so easily done, if the Demandants Council will urge all that is just and requisite by Law for his Client to demand and require, before the Tenant be admitted to appear.  
If after Appearance, and Declaration put in, and three Rules past, the Tenant pleads not, a petty Cape is to be awarded against him and thereupon Judgement shall be entered of course and execution awarded.  
When the Plaintiff or Demandant after Declaration put in do not proceed, the Defendant or Tenant may call him to proceed; and if he makes default, a nonsuit will be entered; and the Defendant, or Tenant, shall then have Costs in all Actions, wherein the Plaintiff, or Demandant, aught to have had them, if he had recovered.  
In a Writ of Dower, where the Husband died not seized, there is no Costs for Demandant, or Tenant; but where the Husband died seized, the Demandant recovers as well Dower, as Costs and Damages, which the Jury always finds, viz. the value of the Profits of the third part of the late Husband's Lands since his death, as the Jury shall have Evidence to find the worth or value; but where the Recovery happens to be by Default and so without Jury, than there is a Writ to be directed to the Sheriff, as well to assign Dower to the Demandant, as to inquire by a Jury whether the Husband died seized or not, and if he did, to inquire of the value of the Lands, and upon return of that Writ, (if the dying seized be found) the Demandant shall have a Writ of execution for the third part of the Profits according to the Verdict, and for her Costs of course. The common and ordinary Writ of Dower says in the close thereof, Vnde nihil habet, but in a Writ of right of Dower, as where one received part of her Dower, and sues for the rest in the same Township, these words of Vnde nihil habet must be left out, which difference is to be usually read and seen in several Books, which an Attorney should necessarily learn, that he may know which Writ to take out when his Client tells his Case to him, lest his Council may undervalue him for his ignorance in common and ordinary things.  
Upon every Writ of Quod ei deforceat, the Demandant after appearance may declare either in the nature of a Writ of Entry sur disseizin, or in the nature of a Writ of Right, or in the nature of a Formedon, which are of divers sorts. If the Demandant recover in a Writ of Entry, he recovers also Costs and Damages, and so shall the Tenant, if the matter pass with him, but in the two other last mentioned Writs there are no Costs to be had on either side, and on the Writ of Entry there lies no view, but in the rest it doth, as hereafter shall be more fully declared.  
A Writ of Right is a concluding Action, because it is of the highest nature, and in it and in a Formedon the Tenant may vouch, and then a Writ of Summons goes to the Sheriff to summon the Vouchee, whereon if he retorns Nihil habet, etc. there goes out an alias and a pluries, and then a Sequatur sub sue periculo: And in some Cases in these, Quod ei deforceats, and in other Actions, where the Actions cannot be well laid or commenced, but in the name of several persons, whereof some of them will have no mind to bring or prosecute the same, it will be requisite to take out Writs of Summons ad sequendum simul cum, and Summons and Severance, which Council must direct, and in all Cases of that high nature there is indeed nothing to be done without his directions, which the Attorney will be the better able to observe and prosecute, if he understands them as in some measure he should. And in some cases the Demandant may vouch and become Defendant, when he shall defend his Estate against such Recovery as shall be pleaded against him, so that there are divers other thing; wherein there is a great deal of learning in those Formedons and Vouchers, worth any man's knowledge towards the Law, and though fit and requisite for an Attorney to know, as much as is in relation to his practice, yet I durst not presume to proceed to enlarge thereon, lest I should be justly rebuked.  
In some Cases there will be no Plea put in, or Issue joined the first Sessions, but the Defendant upon some occasions must move for an Imparlance, which is called Licentia interloquendi, (for brevity Li. Lorenzo) being a granting of time to imparle between that and the next Sessions, or to plead by the first day of the next Sessions, or some day in the Vacation, as the Court shall think fit to appoint, or both parties agree to be entered tunc pro nunc, for there is a general and special Imparlance, and sometimes the Plaintiff will have cause to imparle as well as the Defendant, when after the Defendant hath answered or pleaded, he is not ready to reply, for in all or most Actions begun at a Sessions, there must be Recovery by Default, or after appearance and Declaration either an Issue, Imparlance, or a Nihil dicit, if the Plaintiff do, as he may, call for proceed without both parties, will be at a stay by consent, wherein commonly a Nihil inde is for that time entered on the Writ or Declaration, in which Cause the Plaintiff (if he please) may proceed the next Sessions after, as formerly he might.  
And in such Actions, wherein Issue the first Sessions is not joined, if the Plaintiff will proceed the next Sessions, he must then look the Docket, to know how the matter stood the Sessions before, and continue the same unto the Book of Imparlance, according to the words of the Docket, which may also be done the second Sessions, but paying the Prothonotory for the continuance.  
If Causes have slept after appearance, and before Declaration be put in, and the Plaintiff will not appear to proceed, the Defendant if he desires to go on, must move the Court to appoint the Plaintiff a time to declare or reply, etc. as the Case requires, and in default thereof, that a nonsuit may be entered, which the Court of course will grant, and the same Rule being entered and not performed, than the nonsuit will be entered; and if it be after the Plaintiff hath declared, the Defendant will have his Costs, and an Execution for it, if it be not in such Actions wherein Costs do not lie, for seldom or never any Costs is had by the Defendant, if the Plaintiff become nonsuit before he declares, for I knew never any had or granted  
I should towards the end of the foregoing leaf, where I mentioned view, lay not in a Writ of Entry Sur Disseizin declared, that it did lie in the other Writs, as of Dower, Writ of Right and Formedon, wherein after Declaration is put in, and a Rule given to the Tenant to Answer, the Tenant may demand view of the Lands, which must be done in Court, or Office, before the Rule be quite out; which view so demanded is granted, which excuseth the Tenant of making any Answer till the Demandant sues out the Writ of View, whereunto as well the Tenant must appear, as the Demandant declare de novo, by a Similis Narratio; and the Tenant must be careful to observe his time to demand the view; for it is not grantable after a general imparlance, and if the Tenant slips the time, he shall not come to it again: and he must be more careful to appear, or essoin, for an essoin will lie at the calling of the Writ of View; else the Demandant will then recover seizing of the Lands, and have a Writ of seizin; and if the Defendant essoins, he will gain a day longer to appear, and then must appear; whereupon the Demandant declares by Similis Narratio (mutat. mutandis) as is aforesaid.  
There are at the great Sessions sometimes other Actions, as of Replevin, Detinue, Account, Rationabili parte bonorum, Partition, Waste, Actions upon Penal Statutes, Curia Claudenda, de muliere abducta cum bonis viri, Audita Querela, and others, which have but ordinary proceed, as hath been treated in some other Actions before spoken of, whereupon I will only speak a word or two of the nature of each of them.  
Replevins (most commonly) are brought in inferior Courts, and afterwards removed to the Sessions, wherein the Plaintiff declares, and the Defendant avows, as his Case requires; and afterwards the Plaintiff is to put in his bar, which is called a Replication in another Action.  
And in this Action both Parties are Plaintiffs, and may recover: for the Defendant, if he makes good his Avowry, is to recover his Rent, or what else he distrained for, with his Costs and Damages at the Trial: but if the Plaintiff be nonsuited, the Defendant is to have a Returno habendo to restore the Cattle distrained by him to his custody, as they were before replevied, whereby to satisfy his demands. But then the Plaintiff, if he will, may have a second Deliverance, and go on again to Trial: but if the Defendant recovers in this, he is to have a Returno habendo unrepleviable: but if the Plaintiff recovers, he is to have only Damages for the wrongful distraining of his Beasts; and in case the Goods cannot be replevied, a Withernam may be had to take the Parties own Goods (that did distrain) in value, etc. there is also a homine repligiando for releasing a man detained by another person, except for some offences which are mentioned in the Writs; and there is sometimes a Capias in Withernam that issues out: it is too tedious to express all things concerning them, and therefore I leave the Reader, if he be ignorant, to take pains to learn them out of better Authors, as I did.  
In detinue the Plaintiff is to recover the things detained, and in default thereof, the value of the same in money, which the Jury usually finds.  
The same Process is in Partition, and in Waste, and Account, which is Summons and Distress; but in Partition and Waste, the Demandant will recover by default upon the third Writ, if the Tenant appears not, as in some other former Actions treated of appears. And in these two Actions of Partition and Waste, there lies no Costs, but triple Damages, and the place Wasted is recovered in a Writ of Waste. And in Partition there be two Judgements; one after the Verdict, which is no more than (fiat inter eos partitio) and the other upon Return of the Writ awarded to the Sheriff to make the Partition, which must be upon motion, and is quod partitio praedicta firma & stabilis teneatur imperpetuum. And in a Writ of Waste, the Demandant may, depending the Action, move for a Writ of Estrepement; and is ordinarily granted, being a Writ to the Sheriff to restrain and prevent the making or committing any further waste upon the Land. Whilt the Action is depending, Actions upon penal Statutes are usually brought by way of Information, wherein a Distringas is the next Process, and the Issue, Verdict, and Judgement therein, if found by the Prosecutor, are as the several Statutes do direct, or else a not guilty.  
The Action of Curia Claudenda, and do muliere abducta cum bonis viri, are in some respects, especially that of de muliere abducta, etc. in the nature of an Action of Trespass; the Curia Claudenda being an Action brought by one against another, for not securing or enclosing the Fence or Hedge lying between both their Grounds, and time out of mind (as urged by the Plaintiff) usually made up and fenced by the Defendant, and all other Owners of his Lands; the other de muliere abducta, etc. is for taking away the Plaintiffs Wife, with some part of the Plaintiffs Goods, without alleging of which Goods: and that also in particular the Action will not be well laid. In all my time of Practice, I saw but one Action of each of these, that is one of Curia Claudenda in Flintshire, about 30. years ago, and one de muliere abducta, etc. in Denbighshire, 24. years ago, wherein 200. l. Damages were recovered.  
The Rationabili parte bonorum is, when a Widow upon the custom of North-Wales sues the Executor of her Husband for the moiety of her Husbands personal Estate; or when a Brother or Sister upon the same custom sues for a share, as may more at large appear in Law Books, in which Action all is recovered in Damages, being what the Plaintiffs Witnesses can make appear, the Moiety to the Wife, or the share of the Brother or Sister, to be really worth, through all the personal Estate.  
Audita Querela lies, when one is apprehended and imprisoned for Debt and Damages recovered against him, and against another person, who was principally Bail or Surety with him for the same Debt, and when that other person had formerly been apprehended for the self same Debt and Damages, and hath satisfied the same, for it will not lie, without real payment or satisfaction was made by the other person that was formerly taken in Execution, though he never lay so long in Goal, and came out some way or other without satisfying the party Plaintiff, or it will lie for one as became Bail, or entered into Recognizance, though the Debt or Recognizance be not really paid and satisfied, but the Audita Querela ●n that Case must be brought before the parties attain to the full years, if the Audita Querela be made good, but a discharge out of the Goal, and from the Recovery, Recognizance, or Execution, there are original Writs at the Sessions, not spoken of before, (videlic. t) a Writ of of Error, a Writ of false Judgement, a Certiorari or Recordari.  
The Writs of Error is to move the Record of any Recovery had in any inferior Court, which is a real Court, and so a Court of Record, into the great Sessions, so that the Errors therein (if any be) may be there heard and examined.  
A Writ of false Judgement, or sometimes called Acced●s ad Curiam, is to remove the Record of any Recovery in a mean or base Court, which is a Court that hath not power to hold Pleas, but under forty shillings to the Sessions.  
A Certiorari for removing any Action depending, before it be tried by Jury in any real Court or Court of Record, which hath power to hold Plea above forty shillings, which are Courts held by Charter in Corporations or Lordships, and in some Lordship's Marchers by prescription unto the Cost of the great Sessions, there to be proceeded upon, and go to Issue and Trial, if the Plaintiff when it is removed will prosecute and follow it.  
A Recordate is to remove any Action begun, and not tried in the said base Court under 40 s. to be proceeded on as is aforesaid, touching the Certior. at the Sessions.  
Now for proceed in the said Writs of Errors, false Judgement, Certiorari, and Recordari, thus much which followeth.  
The Writ of Error after it is granted, must be delivered to the Steward, or Judge of the Court where the recovery was had; and he must certify the Record to the next Sessions, or an Attachment lies against him: And when it is there entered, he that put in the Record must assign Errors by his Council, and sue forth a Scire facias ad audiendum; Errors directed to the Sheriff; at the return whereof, if a Scire fcci be returned, the Defendant in the Writ of Error must appear, and plead to the Assignment of Errors; which is In nullo est erraetum in Common Pleas; and if he doth not appear, and plead, the Court may proceed by default to hear, or rather to examine the Errors: and in both cases there must be a day appointed for reading the Record; and then after part thereof is read, the Errors are opened by Council; and if the Cause be argued on both sides, thereupon the Court will either reverse or affirm the Judgement: and if Judgement be reversed, the Plaintiff in the Writ of Error shall have his Costs: but there are no Costs upon reversal of a false Judgement, as shall be said hereafter. And if Judgement be affirmed, the Party shall have Execution as well upon his former Judgement, as for what Costs and Damages shall be awarded by the Court to him for that delay.  
A Writ of false Judgement is directed as well for Judgement given in other mean Courts, as in his own County Court; for such as are Judges in those Courts have not the return of Writs: but in this Writ there is a far shorter proceeding when the Record is put in, then in the Writ of Error; for here needs nothing after it is put in, but Council to move to have it read, which being done, Judgement is either reversed, or affirmed. If reversed the Defendant in the Court below (who is the Plaintiff) in the Writ of false Judgement, is to have a Writ to be only restored to what he hath lost, that is, to what he hath paid upon the former Judgement (if any) to have no Costs but the bare sum he was driven to pay upon the former recovery in the Court below. If affirmed, as seldom or never it is, than the Plaintiff in the inferior Court is to have Execution out of the Sessions for what he formerly recovered, without Costs.  
A Certiorari is to remove an Action above 40 s. as is aforesaid, out of a real Court, or Court of Record, before any Judgement or Trial be had therein in that Court. And in that, and in the Recordari, such as sue them forth, are to deliver them into the Sessions by their Attorneys, having first called them from such as are to return them, to wit, the Steward, or Judge of the Court of Record for the Certiorari, as in the Writ of Error before, and to call to the Sheriff for the return of the Recordari, to whom the same, as before is said 〈◊〉 false Judgement, is directed, and are to be proceeded upon as in all other Actions of the nature they be from the beginning, only that Writ serves for an Original, or a Q 〈◊〉 〈◊〉 to ground the Action.  
And in case where any man 〈◊〉 sued out any of the aforesaid 〈◊〉 mentioned Writs, of purpose to delay proceeding in the Court below, (as often it falls out) and the Party suing forth the same is slow or negligent to return and put in the same, the other Party, Plaintiff in the Court below, is to move the Court to appoint a time to put in the same; or in default thereof, that a ne recipiatur may be entered, which is entered. And if it be not put in by the time appointed, the Plaintiff below may take out a Copy of that Rule; or if he please, take out a Writ of Procedendo, and thereby proceeded in that Court below, notwithstanding the former Writ procured, or taken out for delay (ut supra): and if the Writ of Certior. be put in into the Sessions, and the Plaintiff in the Action will not appear and prosecute, than a non suit will be entered, wherein no Cost lies, if it be before Declaration. And if the Defendant appears not, the Plaintiff may proceed, and shall recover by default, if it be an Action of Debt; if otherwise, he may proceed as the nature of the Action requires. But if Bail be entered in the Court below to answer the Action, as commonly there is, and that certified with the Plaintiff, as often it is, and indeed should be then, when the Writ and Plaint is returned and filled, and the Plaintiffs appearance entered by his Attorney; the Plaintiffs Attorney is to move the Court, that the Defendant be ordered to put in there the same Bail as was in the Court below; all which is usually granted and had. And there be good Reasons it should be so, that besides the Common-Law-Rules, before mentioned, which is, That he who comes in upon Bail, or once is driven to find Bail, should again find Bail; it is fit that the Party Plaintiff should stand in the superior Court, notwithstanding the Defendants removing of the Action from below, in as good a condition, and in no worse than he was in the other Court; for if the Plaintiff should have no Bail found him at the Sessions, the other Bail that was put in at the Court below being free by the removing here, the Plaintiff would be in a far worse case than he was, and perhaps (if the Defendant prove insolvent) be remediless of the fruits and benefits of his Action at the Sessions. And if Bails were not ordered to be given upon all Actions removed to the Sessions, where Bail had been formerly given in the inferior Court, than it were no great matter or prejudice to any lose, mean, and unthrifty Person to be arrested in any Corporation for any sum of Money, though never so great and just, for he could readily find some or other sufficient Bail, if both were assured and knew that, that Bail could presently, or shortly after free and discharge charge himself, by being at th● charge of a Certiorari, and return it into the superior Court, which indeed any Bail would do to free himself from his first Engagement, and so put the Principal, (were it not for the Course ) in the same estate as he stood before the Arrest, which would be heard to the Plaintiff, but as it is used, as before is said, if the Principal for all their moving of the Action, be not able to find at the Sessions the same Bail again as was at the Court below, or another as good, the Plaintiff shall as aforesaid have a Procedendo to the inferior Court.  
If an Attorney finds himself any way ignorant (as the best many times may be) what Process to issue out in any of all the Actions , or how to prosecute the same from time to time, let him often attend Council to be guided and often instructed by him, and he cannot do amiss, for therein few or none do miscarry in their business, but such as trust overmuch to themselves, and so neglect the advice of others, which is too common and known a fault. Therefore I should advise all Attorneys, never so able and knowing, to attend their Council as often as possibly they can, not only to give him Instructions in their Client's Cause, but also to receive Directions how to proceed in the Cause, and also to bring his Council Copies from time to time (after the Action is called) of the Writs, and of the Declaration, and all plead thereunto, yea and of all Rules passed in the Cause, were very requisite; for otherwise if any thing prove amiss, they cannot be faultless, and in observing and doing what there above is advised, they will not only much further their Client's Cause, and gain to themselves more knowledge, but also avoid the blame and censure which Council too often and sometimes justly, laid upon the Attorneys for their neglect therein, and so shall they not only preserve but also increase their good repute and credit with Council and Clients, which I hope all discreet Attorneys do or at least should esteem and look upon, far above their gain and profit. Hereunto touching the proceed in Actions, till Issue be joined in them.  
Now followeth how to proceed, and what is to be done in them after Issue is joined.  
Now for further proceed in all Causes to trial, after Issue is joined the Party Plaintiff is to sue forth his Jury Writs, as his Venire facias, and Habeas corpora, and (if need be) a Distringas Juratores, and for better expediting of his Trial, and preventing rubs and obstacles that may come in his way, he must consider and inquire whether there be any kindred, affinity, or alliance between him or his Wife; and the Sheriff or his Wife and if there be, he must put in his Challenge to the Sheriff, and thereby pray Process to the Coronors to return his Jury, and move before any Writs goes out, that the Defendant may answer it, and thereupon the Court will appoint a time ordinarily but to the next sitting, and then if he does not answer it by saying, Vicecomite non obstante, as he may, and usually is done, or pleaded to it if he please, which is seldom done, or say nothing to it, than the Plaintiffs prays by having Process to the Coronors is granted; but if the Defendant yields it as is aforesaid, by allowing the Sheriff notwithstanding that Challenge, the Process goes to the Sheriff. And so again, if he knows or suspects kindred or alliance to any of the Coronors, he may put his Challenge to the one, and pray Process to the other Coronor, and the other which is of kin, not to intermeddle, or put in a Challenge to both Coronors, if there be cause, and pray Process to Elizors, which is always the safest course, and in a Cause of any consequence no man should omit any of these to all those Officers, notwithstanding the little charge he be thereby at, and the little delay he is thereby put unto, which seldom is not used to be above one day, for thereby he may perhaps prevent a greater charge, and a longer delay, the Challenge hath but an ordinary form, therefore I omit it; and though the Pedigree be a little mistaken, I never found it much material, for it would come to the same, viz. that the Plaintiff may have his Process either to the Sheriff, Coronors, or Elizors, and avoid all inconveniences that falls out by omitting it: But in these Challenges there must be observed what the form of Law requires; as if it be for Kindred, to the Sheriff's Wives, then to mention that she is living, if the case be so; if she be dead, to mention her death, and that the Sheriff hath Children alive by her, (if he hath) and many such things; that if the Wife be dead, and no Children living by her, there needs no Challenge. And if Process is to go to Elizors, the Court must be moved to nominate them, and then swear them: but if otherwise, than you are to take out your Process of first Jury-writ to the Sheriff, or Coronors, or one of them, as the Defendant admits it; and he shall have no benefit of any Challenging to quash the array, though there were Kindred: but if you omit this course as is said, and take Process to the Sheriff when he is of kin, than the Defendant may, (when you have retained and instructed your Council, and been at charge with your Witnesses, and so be ready for Trial) put you off that Sessions, by challenging and quashing the Array upon that Kindred or Alliance, suggested by that Challenge made to quash the Array; which Challenge to quash the Array must be moved and put into Court by the Council of the Defendant, after the calling and appearing of the Jury, and before they be sworn. And that challenging may be twofold: the one as principal; as for Kindred and Alliance between the Plaintiff or his Wife, and the Party who returned the Jury; the other for favour; as where the Sheriff, or his Officers, returned the Jury by nomination of the Party, or where the Lessor in an ejectione firm is of kin: for as I should have said before, if there be no Kindred at all between the Lessee, who is the Plaintiff in the Action, and the Sheriff; and if you find there is Kindred between his Lessor and the Sheriff, it behoves you before you take out your Jury-Writ, to put in (as before is showed) a Challenge to the Sheriff for Kindred to the Lessor; or where there is Kindred between the Plaintiff or his Lessor, and such as returned the Jury by bastardy; that (as I heard) is no principal Challenge, but a Challenge to the favour. And so if that Challenge to the Array be made good upon good Oath punctually, the Array (as aforesaid) will be quashed, and the Plaintiff be put to begin de nove with Jury-Writs, which cannot be brought about that same Sessions; for the Defendant may cast an essoin to the Venire facias the first Jury-Writ: but to all such Challenges to the Array the Plaintiff is called to speak to it, and he must either confess it, or deny it: And so both Parties join issue upon it, if confessed, than the Array is quashed; if denied, than Triers are sworn to try, whether the Kindred be as is said; which Triers will be two or three of the Jury that had appeared. And if they find the Kindred, the Array is quashed; if not, the Array will be affirmed, and the Plaintiff shall go on with his Trial, and the Jury that were called, and appeared, will be sworn to try the cause: but if the Array be quashed as for Kindred to the Sheriff, the Plaintiff must take a Venire facias to the Coronors, though the next Sheriff be no way kin or allied to him. And if the Jury writ whereon the Array was quashed was returned by the Coronors, the Plaintiff must begin, and take his Venire facias to Elizors, though there were new Coronors sworn that were neither kin nor allied to the Plaintiff; because the Plaintiff taking out his Jury-Process de novo cannot go backward, but must still go forward. If the 24. Men returned on the Venire facias, are returned by a Sheriff that hath no relation to the Plaintiff, and a succeeding Sheriff that will be of kin to the Plaintiff returns the decem tales on the habeas Corpora, in that case the Defendant, if cause be to Challenge the Array, is to say nothing to such as appears on the principal Panel, till those appear who were returned on the docem tales by the last Sheriff, and not before a Challenge may be put to the rest of the Array from that place forward, (ut supra) when Triors are named by the Court (as is aforesaid) to try whether the Array returned stand indifferent, by reason of the Kindred proved between the Plaintiff and such as returned it, the Plaintiff or Defendant may twice challenge or accept against those Triors, without showing any cause for it; but the third Challenge is peremptory, which must be allowed at the Partiesown peril when the Plaintiff hath made & put in his Challenge, (as is aforesaid) or is assured that he needs not, he is to take out his Venire facias, and return it, or file it in Court; which the Defendant may, if he please, Essoin, and thereby gain a day longer to prepare himself; but the Essoin must be cast at the Challenge of the Writ, or else too late when the Essoin is not allowed or not Essoined at all, than a Habeas Corpora, with a Decem tales, is to be taken out, and so (if cause requires) a Distringas Juratorum, with an Octo tales.  
Upon Challenge, the Habeas Corpora, or Distringas Jurat. the whole Jury therein returned will be called; and after they are all called, if twelve appear, they will be sworn: but before they be sworn, any of the Parties may challenge any one of them, or all, (if there be cause) by the Poll, if any Party dislikes any of the Jury by reason of Kindred, or favour to the other Parties Attorney, must say, when that Jurors come to the Book to be Sworn, I challenge him for the Plaintiff, or for the Defendant, which will in the margin of the Panels be entered. And then he that is challenged is not sworn, till twelve be found out, if so many indifferent men appear upon the Panel, or till all the names in the Panel be called. And if full twelve be not found to appear upon the Panel, and after the Panel is perused and gone through, than the Party which challenged any is called to show his cause of Challenge against such and such; and then must his Council or Attorney manifest the Cause, which is most commonly for Kindred, or Alliance to the other Party; or that the Jury challenged is Tenant, Servant, or within the Plaintiffs destress, if the Challenge be put in by the Defendant; and so e contrario if the Challenge be put in by the Plaintiff: if you name at first but one of those Causes of Challenge, and the Juror upon Oath deny it, you are not allowed to go back and name the rest of the Causes of Challenge. And therefore for fear of the worst, all those Causes are usually named at first; for the Juror challenged is to be examined upon the Voyer dier to all those exceptions, and if he doth confess or acknowledge any of them, he is put by and excused; if not, he is sworn to try the Cause: and very often when the Party challenging, will not allow the bare denial o● the challenged, but will produce proof to make good the Causes, or one of them, for which challenged; whereupon two of them that will be already Sworn to Try the Cause, will be again Sworn to try whether the Party challenged is an indifferent man, as he stands unsworn, to be of that Jury or no? if they find, or say he is, or stands indifferent, he is presently Sworn to Try the Cause; and if they say he is not, he is put by, as is said before. And if a Challenge be made by Plaintiff or Defendant to any of the Jury for corruption, or any other miscarriage in him, as may be, than you must prove it by Witnesses; for the Juror will not be compelled to his Oath in this as in other cases, to accuse himself in such case; and as good not challenge any, or rather better upon that score, if it cannot be palpably proved; for if not proved, he will be Sworn to Try the Cause: and perhaps when he is amongst his Fellows debating the Cause, think of the ignominy which was spoken and offered him, and could not be proved, and then do the Party as challenged him a discourtesy, if not a mischief.  
If there do not appear full twelve upon calling of the Panel, after they are twice called, than the Plaintiff is told by the Clerk as called the Jury, that there is not a full Enquest, and asked what he prays, and then Council prays a tales, but it is in the Plaintiffs choice to pray a tales de Circumstantibus, or a tales at Common Law, which is had upon further Process. But if he prays a tales de Circumstantibus, as most usually it is, than the Sheriff, Coronors, or Elizors, or some of them that made return of that Panel, is presently to return as many of the standers by as will make up a full Jury; but if you pray a tales at Common Law, you may take out your further Process at that or the next Sessions; if you sue out a Venire facias one Sessions and do no more, than you are to take out the Habeas corpora the next Sessions, and continue the Cause, if the Cause be stayed upon Habeas corpora, to continue the Cause the next Sessions after, and sue forth a Distringas Juratores; if after Issue joined the Plaintiff will not proceed in the Cause, than the Defendant upon any default made by the Plaintiff, may go on (if he please) by moving the Court that he may proceed with a Proviso, which of course the Court grants, and the same Rule being entered, the Defendant shall proceed and take the matter in the same place where the Plaintiff left, (to wit) if the Plaintiff left it after Issue joined, before any Writs taken out, the Defendant is to take out a Venire fac. with Proviso, which is no more then to prohibit the Sheriff to return one Writ of the same nature, in case two came to him, one from the Plaintiff, and one from the Defendant, so that the Sheriff is to return only the first that comes to him, and if the Venire facias be taken out by the Plaintiff, the Defendant upon the Plaintiffs default may take out the Habeas corpora with a Proviso, and so forward in all Processes with a Proviso, and the Court shall proceed thereon to Trial or nonsuit, let the Plaintiff appear or not appear; but if the Plaintiff please he may appear, and give Evidence as well upon that Writ of the Defendant, as if it had been sued out by the Plaintiff, and challenge the Jury or the Array. 
Co. lib. Intr. 340.  As for kindred between the Defendant and the Sheriff, but if the Plaintiff appears not as soon as the Jury are sworn, the Plaintiff will be called, and upon his non-appearance nonsuited.  
When a Jury is called, and after full appearance of twelve, and are ready to be sworn, the Defendant before any be sworn will be called to appear, and will be told in all personal Actions, that if he doth not appear, the Jury will be taken in his default, whereupon the Defendant either appears by his Attorney or not appears, if he does not appear, the Plaintiffs Council prays that the Defendants default may be entered, and the Jury taken by default, which is accordingly done, and though the Defendant makes default, and appears not by his Attorney, (yet if he please) his Council will be admitted to speak for him, and manage his Evidence if there be any, as far forth as Council can in the Defendants defence, but an Attorney will not be admitted to speak or act any thing for him, but in a real Action when the Tenant is called (ut supra) he is told that if he appears not, a Pettite Cap. will be awarded against him, and upon his non-appearance or default, the Demandants Council will move that the default may be entered, and the Pettite Cap. awarded, which the Court grants, and the Trial stayed, and the Pettite Cap. issued out, and when it is returned and called, which will be ordinarily the next day after the default, the Demandant shall have Judgement, and recover seizing of the Lands, unless there be a receipt in the Case; but before I speak thereof, I will end with the manner of Trials; for at some Trials, after the Jury are sworn, and after some Evidence given, or before any Evidence given, the Cause is by both parties consents referred or stayed, wherein in such a Case to prevent a Verdict or a non. Suit of either sides, a Juror is withdrawn, which will be the first, second, third, or last, or any other that were sworn, of them that appeared on the Panel, as the Court shall direct, and then is strucken out of the Panel, and the Jury discharged, and paid equal by both party's Plaintiff and Defendant; the withdrawing of a Juror must always be with the consent of both parties, and cannot be by an Act of the Court, without consent of the Plaintiff and Defendant, and where a Juror is withdrawn, if the Cause be not comprised and ended by the next Sessions following, the Plaintiff may go on if he please, and if he will not, the Defendant may go on with a Proviso, as is before said, and if it stood upon the Habeas corpora, there will issue out a Distringas Jurat. wherein all that were named upon the former Panel, will be named in the Distringas, saving him who was withdrawn, and stricken out of the former Panel, and commanded to return eight more unto him, and so proceed to Trial again in all points, as formerly hath been said of first Trial.  
Now a Receipt spoken of a little before, is where one is admitted to appear upon the Pettite Cap. where a Quod ei deforceat or a Writ of Dower, is brought against Husband and Wife for Lands, wherein the Wife hath some title or interest, if the Husband makes default after the appearance of full Jury, and suffer a Pettite Cape to go out against him, the Wife if she please upon calling of the Pettite Cape, shall be admitted to appear if she please upon the very calling of the Writ, either in proper person or by Attorney, having had out a Commission, whereby her Warrant was taken to make that Attorney, as it is in all Cases of Common Recovery, wherein any Tenant or Vouchee appears not in person, but by an Attorney; and if she also have her Plea ready or forthcoming, to be put into the Court, and so save her and her Husband's default: and she may also so do in case her Husband alone were sued for some Lands, wherein after the death of her Husband she hath an Estate for life, and save her Husband's default, by stopping and preventing the issuing out of a Writ of Seizing against him, so that her Plea be issuable, and put in manner aforesaid, and then the Demandant will be forced to proceed to Issue and Trial against her de novo. And if a real Action be brought against a Tenant for life, and he maketh default (ut supra) he in the remainder shall in the like sort be admitted and received, having his Plea ready as aforesaid, showing his Estate in remainder, but the Tenant in Receipt is after bound in Recognizance with pledges, to answer the mean Profits before it be received, in case the matter pass against him, if it be required of him, but very many have been and still are admitted, without requiring any such ties. These proceed which indeed are very good, and which the Law as I conceive hath provided to save the right of a Stranger to the Action, if he comes in, are very often used for mere delays to the Demandant, in my judgement some of these Receipts upon what experience I found, might be abrogated in some Cases, as when a Tenant for life is sued, after he appears and comes to plead, he may pray in him that hath the Estate in remainder, and thereupon a Writ of Summons ad auxiliandum will be issued out against him in the remainder, whereupon he may come in and appear, and plead his Title, and at the Trial give it in Evidence, which is as much as he can do when he appears upon the Pettite Cap. and if the Law be so to save that trouble to the Demandant, of going round about upon the Receipt, when the Jury are gone together, and have deliberated and considered of their Evidence, and to come to yield and deliver up their Verdict, after they are asked whether they are agreed on their Verdict or no, or who shall speak for them, the Plaintiff is called to know whether he stand to his Writ or Plaint, and if his Attorney appears, the Verdict is taken and entered, if he does not appear, the Defendants Council prays that a nonsuit be entered or recorded, which accordingly is done, and upon every such nonsuit the Defendant shall have Execution for his Costs, if the Law give Costs to the Plaintiff, had he recovered in that Action, and there falls sometimes in some Cases a special Verdict as well as a general Verdict; a general Verdict is, when a Jury finds in general the matter in Issue, either for the Plaintiffs side, or Defendants side, no points or matter in Law opposing it: but a special Verdict is, when upon the Evidence the whole matter of Fact on both sides is apparent to the Jury; save that a point or question in Law falls out to appear upon the whole Evidence, which the Jury cannot resolve: wherefore the Court assents, and Council on both sides agree, that a special Verdict be drawn in that case. And thereupon the Council on both sides agree, and consider forthwith at the Bar upon the main material points, or heads to be agreed and delivered up by the Jury, which is afterwards drawn at large in form: and that Verdict will be, that the Jury find all matters of Fact material to make the Case on both sides, and make a doubt in some points in Law which fall to be in the whole case and matter, and conclude, that if the Law in such points be thus and thus, they find for the Plaintiff, and cess him Damage and Costs, or otherwise, as the Action requires: but if the Law in that point be thus and thus, or otherwise, they find for the Defendant; and after this Verdict is drawn and perfected, and both Parties Council assent to the truth thereof, it is entered, and Copies thereof made for the Judges, and a time appointed to argue it; for the Court is to Judge and determine all points and questions doubtful in Law to the Jury, though the Jury be to determine, and accordingly to deliver up their Verdict on all matters of Fact as be given them in Evidence, and leave the doubt in Law to the Judge's determination and judgement: and at the time appointed, Council on both sides argue the Case that falls out to be the point of Law in the Verdict, by citing as many Cases as they can produce to make the stronger for the Law in the Case to be on their Client's behalf, and by enlarging with their own Reasons and Expositions upon the same Cases; and then, or perhaps another time, the Judge make each of them an Argument, upon what Cases as were cited, and on all as had been said on both sides; and then, or what other time they are disposed, deliver their opinion in the point in Law, either for the Plaintiff, or for the Defendant, and accordingly Judgement shall be entered. And for every Sessions from the time of giving up the Verdict by the Jury, till Judgement be given, there is an Entry of Curia advisare vult, which is in the nature of a continuance.  
It falls out sometimes, but indeed very seldom, that a Jury after they are Sworn, and hear their Evidence, are discharged without delivering any Verdict at all, and none of them wihdrawn, as is before spoken of, when Causes are referred after Evidence heard; but an absolute discharge entered by the Court, wherein yet there is always mentioned ex assensu partium, and this falls out to be when Council of the one side demurs on the Evidence given on the other side, and the Council from whom the Evidence is given joins in demurrer; whereupon the Evidence that was given to be drawn up with the demurrer to it, and then the Jury, as aforesaid, discharged, and the points that falls out were in Law upon the Evidence left to the Judgement and, Determination of the Court, which sometimes after Argument is given and entered for Plaintiff or Defendant, as is before spoken, where a special Verdict is given; and therefore I will not enlarge further thereon, having stood somewhat longer on manner of arguing, and determination of a special Verdict then altogether concerned, my purpose being to direct an Attorney how far he was to act in that and in this; It is the Counsels part to manage all things.  
Again, when a Jury after they heard their Evidence, and deliberate thereon, comes to deliver their Verdict, if the Plaintiff when he is then called becomes nonsuit, it is requisite that the Defendants Attorney have care (which I omitted to speak of when I formerly spoke of a nonsuit, where it had been more proper) that is to say, a special Entry made of that nonsuit, that it was after Evidence; whereby the Record may be, as several Precedents are for it, drawn up accordingly; for there is a very great difference and strong one, when occasion is to be urged between a common ordinary Nonsuit before Evidence, and a Nonsuit after full Evidence on both sides given, for it is near as good as a Verdict for the Defendant. And in so doing the Attorney may perhaps benefit his Client far more than what he had formerly done for him in this Cause, if the Plaintiff should afterwards stir therein, and bring his Cause about again to another Trial.  
After Recovery or nonsuit, there may be several Writs of Execution had by the party that recovers, though but one at a time, for to attain the fruits of his Recovery, which Writs in Debt and all other personal actions, are either a Capias ad satisfaciend. a Ficri facias, or an Elegit, the one being to take the body, the other to seize on the party, goods and chattels, the third to find the moiety of his Lands that he had at the time of the Judgement given, and all his , except the  of his Blow. If an Elegit be taken out, the party can resort to no other Writ: ●till the time expires that he must sue forth a Sci. fac. for to renew his Judgement, if a Capias be taken out, he cannot resort to a Sci. fac. but after a Fi. fac. there may be a Cap. had upon return of Nihil habet in Balliva mea, etc.  
After an enquiry is made upon an Elegit, and Lands found, the party that sued it out, if he conceives that what is done upon it it may satisfy his Recovery, is to return it, and have it filled in the Prothonotary Office, or else keep it with him, and accept a time to take out another Elegit or another Writ, if it be to be obtained; for if he files his Elegit, he is thereby concluded and barred from having any further Execution, though by that which he filled, he could never attain to the third part of his Recovery.  
If a Sheriff upon a Capias retorns, Non est inventus, the party may have an alias if he please, or an Exigent, which is to the Sheriff, to proclaim the Defendant at the fourth or next County Court, and at the fourth County he is to be outlawed by the Coronors' Judgement, and when the Exigent is returned, then will issue out a Capias ut legatu●; which is either general or special, the general is to take the body only, and the special is as well to take the body, as to find or to seize on the party his Lands and Goods to the King's use, till the party clears himself of the Outlary. But I never understood in all the time of my experience, and upon all my enquiry, how, or in what manner legally a man upon an Outlary had out of the Sessions and Lands found thereon, may come to reap the benefit thereof, by satisfying his Recovery; though it is ordinarily done in England, for no Inquisition upon an Outlary was ever returned to our Welsh Exchequer, which is an Office belonging to the Sessions for making of Original Writs there, and how it may be transmitted; or Cognizance taken of them at the Exchequer above forth, I leave them to signify, that have reason to be more knowing then myself therein; for there was no such proceed in all my time, and never before for aught I heard. There are also in Actions of Dower, and on other real Actions, a Habere facias seisinam, as an Execution, to be taken out, to obtain possession of the Lands recovered, and in it sometimes a Writ to inquire of Damage, as in Dower, which is recovered by default, or where it appeared not what the Damages were, and a Capias or Fieri fac. for the Costs, wherein Costs lies, which Writ when executed, is to be returned and filled, and in Ejectione firmae, an Habere facias possessionem is the Execution, for to put into possession with a Cap. or Fieri fac. as is aforesaid included, or by itself, for the Costs and Damages, which likewise are to be returned and filled after they are executed.  
If Execution be not taken out till a year be expired, since the last Execution upon any Judgement was sued forth, than the Plaintiff should have no Execution, though Prothonotories use to do it, by continuing the Cause before he takes out a Scire fac. to the Sheriff, to sum non the party Defendant to show cause wherefore the Plaintiff should not have Execution, and if the Sheriff retorns thereupon a Scire feci, as there is a Rule given by the Court to show cause, etc. but in some Courts there be two, or in some three Rules to appear, and the like to plead, which in Sum seems to be too favourable to the Defendant, and in great delay to the Plaintiff, which may tend to his prejudice, but in default of appearing and pleading something to it, Judgement is entered, which is Quod fiat Executio, and then Execution awarded, the Defendant may plead thereunto what the Law admits; and as his Case stands, Nul tiel record, and several other things. But some hold that that Plea holds not in the same Court where the Judgement was obtained, others I found of opinion it would, but when it is admitted, as soon as the Record of the Judgement is produced and read, there is an end of it, and Execution is presently awarded; if the Sheriff return upon the Fieri facias, Nihil habet per quod, etc. the party Plaintiff must take out another Scire fac. and if the Sheriff retorns the same return on that, than those two Nichils amount to a Scire feci, and the party shall have Execution, as if a Scire feci had been at first returned, in case the Defendant appears not, or afterwards plead not. There be several Causes wherein a Scire fac. is requisite after Judgement, before Execution be made or taken out, as if the Plaintiff or Defendant died after Judgement, there must be a Scire fac. for the Plaintiffs Executor or Administrator of the Defendant, if the Defendant die, or against the Son and Heir of the Defendant, or against the tertenant 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 Husband's 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 jointly, and one of them died after Judgement, and before satisfaction that a Scire fac. be had against th● Survivor Defendant, that the future Execution be only against the surviving person; for otherwise it mu●● 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 fo● or against them, who before that Scire facias were therein never mentioned, in all which Scire facias the●● 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 Interstate, he may plead as he might to as Action commenced for the same thing against him, Ne unques Exec. etc. o● Administratio nunquam Commissa fuit but his safest course will be, Plene administravit, but if there were an● Judgement against the Testator 〈◊〉 Intestator, that must be pleaded i● 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 tertenant, is where any one doth occupy, 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 liable to the Judgement, and in these Cases the Defendants in the Scire fac. are to appear and defend themselves if they can, the tertenant 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 descent, which is sometimes generally, and some other times specially pleaded; now to plead it specially, is to say he hath nothing by descent praeter etc. (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 descent, he may safely plead the general Riens per descent. but if he hath not from his Father or Ancestors some thousand acres, and but one acre or two by descent, 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 descent, 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 descent, whereof he must be seized in Fee-simple at the time of the Writ brought against him, or else he is not liable, and upon Judgement had against Heir and ter-Tenants, the Plaintiff is to have Execution, to extend the whole Lands thereto liable, 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 ●ieri facias de bonis testatoris for the principal Debt, and bonis propriis for ●he Damage thereon, if the Sheriff ●o return, that the Executor or Administrator, hath no Goods unad●inistred, than the Plaintiff is without remedy against the Party, but is ●y an Action upon the Case to take is remedy against the Sheriff; for ●●e return is not held sufficient, or ●ny good return in Law: but if the sheriff returns a Devastavit, etc. then Fieri facias de bonis propriis goes out ●o levy the whole, as well the Debt ●●s the Damage out of the Executor or Administrators own Goods which return also proves sometimes very dangerous to the Sheriff; for ●n returning of a Devastavit against ●ome Executor or other, wherein ●evera it lies not, that Executor may ●●ring his Action against the Sheriff, ●nd recover very great Damage against him; therefore the Sheriff is ●n a strict case, and he should do nothing rashly, but all things warily ●nd advisedly, and so he cannot do amiss. And upon that Fieri facias bonis propriis, if the Sheriff return nib●habet, etc. then the Party Plainti●● shall have a Capias ad satisfaciend, against the body of the Executor o● 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, a●● 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 ove● tedious already, therefore I sha●● leave them to learn, and to seek o●● by their own industry the knowledge of them, if they conceive the pleasure in them, or the gain gott●● thereby will countervail their pain● 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 o● indicted, may suffer for defect o● knowledge that way in his Attorney for Council (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 Council to be managed and directed, without an Attorney be in something able to ease the Council; as by Drawing Titlings and Concord's, 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 Clients Conveyances, and thereby do him therein more harm perhaps, then by his negligence or ignorance in dealing, for his Client in several petty Causes. It is very behooveful 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 Client's Cause may be delayed, and perhaps sometimes overmuch prejudiced, because all Clerks of an Office or Under-Sheriff are not so perfect and knowing, but some may commit a fault now and then, and those that are knowing may be subject (by reason of negligence or over-hastiness) to write false. And if any Attorney, if he suspect any such thing, cannot apprehend it, his Clients as aforesaid may suffer by it, if the Attorney of the other side be more knowing and apprehensive. And if any Attorney knows not perfectly all Fees, he cannot choose but in making of Bills of Costs for his Client after Sessions, or when he takes out Execution for them, prejudice and wrong himself or his Client. Neither is it handsome for an Attorney when he is paying some Fees to an Officer, to be enquiring of him, or of another, what the Fees are; lest he gives occasion to some standers by to suspect his ignorance in other things as well as in those Fees. All which ordinary Writs and their Retorns, I would have done here: but far better than I could do, are to be had and read in several printed Books; wherein if Attorneys please they may be fully instructed, and their Fees they may soon attain to know in a short time, if they be but diligent in observing, and willingly learning, and also careful to remember what they observe and learn, that I need not here give any Catalogue of them; for an Attorney, though he were bred up an Apprentice his time under an able Attorney, which I conceive is a very good way to bring him up, and make him able, and if he had never so good instruction from him in writing, and by long experience, will never for all this I think prove throughly perfect and able in his profession, no more than I also think any of another profession will do, without he be as earnest and desirous to learn and know the same, as much or more for the delight and pleasure he shall take and receive in the knowledge thereof, as in the profits and gain he expects to attain by it: but the over-hastiness and forwardness to come too soon by that gain, hath made many one a bungler, not only in that, but in several other professions, which Error were well to be by others hereafter shunned and avoided.   

Ad magnam Sessionem Domini Regis, Com. Caernarvon tent. apud Conwey in Com. predict. coram Petro Mutton Ar. Justiciar, Domini Regis magn. Sessionis suae Com. pred. & Edvardo Littleton Ar. uno alter. Justiciar. etc. die Lunae (viz.) decimo quinto die Septemb. Anno Regni Dom. Caroli Dei gratia Angliae, Scotiae, Franciae, & Hiberniae Regis, fidei Defensor. etc. quarto.  
Certain Rules agreed upon at the said Sessions, for the settling of business in the Court of the said Sessions, within the three Shires of North-Wales.  

1. Imprimis, Every Essoin to be east upon the calling of the Writ, or else not to be allowed.  
2. Item, An Essoin is to be allowed upon the Iterum Summoneas, second or third Bill, Distringas, etc. if there be not Essoin cast before upon the Original, and that before Issue, but after Issue one Essoin upon the Venire fac. only.  
3. Item, No Essoin to be allowed upon a Scire fac. brought upon a former Judgement.  
4. Item, After Appearance and Declaration, three Rules in every real Action, and two in every personal, mixed, or popular, and the last peremptory, after a Plea one Rule for Replication, rejoinder, Surrejoynder, Rebutter, Surrebutter.  
5. Item, The Petit visum or auditum in real Actions to be demanded between the second and third Rule, and the Petit auditum in personal Actions between the first and second Rule.  
6. Item, An Essoin to cast one day only, (viz.) the next day after Essoin cast, as if a Writ be essoined upon a Monday to put off Tuesday, so that no Writ can be called until Wednesday morning, and the party to wave or warrant the Essoin, the day essoined, sitting the Court.  
7. Item, If there be no appearance upon the day of the return, nor upon the calling of any Writ sitting the Court, or upon that day, the appearance not to be allowed, but upon the next Writ or Process.  
8. Item, Upon a similis Narratio, upon a Writ of View, Sum. ad Warran. ad auxiliand. and upon a Challenge one Rule only, and that peremptory.  
9 Item, After Imparlance one Rule.  
10. Item, Upon every Sc. fac. upon an old Judgement in personal Actions two Rules to appear, and after appearance two Rules to plead, and that peremptory, but upon real Actions three Rules to appear, and three to plead, but upon a Judgement of ten years past no Sc. fac. is to be granted without motion in Court, unless it be continued by Process.  
11. Item, No Judgement to be given upon a Bond for performance of Covenants, Award, or Agreements upon default, without motion in Court.  
12. Item, An Executor or Administrator to make Oath that he received no part of the Debt, nor any other for him, since the death of the Testator, nor the Testator himself to his knowledge.  
13. Item, No Judgement entered by default, or taken of the same Sessions, unless the Defendant plead in Bar the same Sessions.  
14. Item, Upon the general Issue tendered, the Similiter to be entered for the Defendant without Rule, but upon any special pleading, or a Similiter for the Plaintiff, one Rule to be given.  
15. Item, Upon a Demurrer tendered, one Rule to join, and upon refusal Judgement to be given.  
16. Item, If a Plaint be removed by Recordare, Pone, Certiorari, or otherwise, from an inferior Court to the great Sessions, the Defendant appearing by Attorney, and giving Rule, and the Plaintiff thereupon nonsuited, the Defendant ought not to have Costs, the Amerciaments of 3 d. or that Amerciament to be increased.    

The certain and known Rules to be observed in the proceed of the Chancery Court of the great Sessions of the Counties of Anglesey, Caernarvon, and Merioneth.  

1. IMprimis, If any Party served with a Subpoena to answer doth not appear, and enter his appearance with the Register, before the sitting of the fourth Court next after the said service, the Plaintiffs Attorneys may sitting, or after the fourth Court upon filing the Bill, and the Oath of the Service of Course, without motion, cause the Register to enter and pass an Attachment: And the legality of it, and the validity of the Oath, to be disputed upon the Defendants appearance; and no Subpoena shall issue into a foreign County without order of Court; and by the entry of appearance it is to be expressed, whether the Defendant appear in person, or by Attorney, and for how many Defendants the appearance is given.  
2. If no Answer, Plea, or Demurrer be put in before the sitting of the fourth Court next after the entry of appearance, the Register ex officio to enter and grant an Attachment, and upon the due return of any Attachment to enter and issue forth an alias Attachment; and upon 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 Council.  
3. If no Bill be filled 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 filled and entered, or other proceed 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 proceed.  
4. After replication entered and received, and issue joined, 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 ministered 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 showed by the Plaintiff or Defendant before the rising of the second Court on Wednesday in the Session's week, in the County wherein such causes arise, and both parties if present, or such of them as appear there in person, or by Attorneys, 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 Attorneys, 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 entered be made by Council or Attorney, without notice first given of the purpose and intention thereof to the Council 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, than 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 Pr●●● 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, rejoinder, Surr. Demur. and joining in Demur. ij s.  
For every Issue joined 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 uj 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. etc. 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 Nonsuit, 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. uj 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, entering 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 Nonsuit, ij s.  
For Capt. by default, j s.  
For Ca Sa. or Fi. fa. uj d.    

Personal Actions under 40 s.  

FOr every Summons, Pone, and Writs thereupon issuing, iv d.  
Warrant Attorney, iv d.  
Declaration, iv d.  
Every Issue, iv d.  
Continuance, viij d.  
Judgement, viij d.  
After Issue joined the Fees are taken as in the former Action above 40 s.  
For Awarding upon Record, and making of every Writ of  
return. Habend. ij s.  
Second. Deliver. ij s.  
Ca in Wither. ij s.  
Privilege, 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.  
Deuces 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 Entering upon Record an Infant's Admission to his Guardian, or Procheyne Amy by the Court, ij s. iv d.  
For a Deed Enrolled, for every side of a Roll, v s.  
For entering every Attorney's name in the Roll when he is Sworn, iij s. iv d.    

The Fees of Common Recovery with a single Vourcher.  


NArr. verse. tenant. ij s.  
Res. inde, ij s.  
Narr. verse. Vouch. ij s.  
Li lo. j s.  
Jud. verse. tenant. ij s. uj d.  
Jud. verse. Vonch. ij s. uj d.  
Hab. fac. seisinam, ij s. uj d.  
Entry Return, ij s.  
Exemplific. uj s. viij d.  
j l. v s. ij d. li   

With double Vourcher.  
Narr. verse. tent. ij s.  
Res. inde. ij s.  
Narr. vers. vouch. ij s.  
Res. inde. ij s.  
Narr. vers. 2. vouch. ij s.  
Res. inde. ij s.  
Li. lo. 1 s.  
Sum. ad Warr. ij s.  
Jud. verse. tent. ij s. 6 d.  
Jud. vers. vouch. ij s. 6 d.  
Jud. vers. 2. vouch. ij s. 6 d.  
Habere fa. seisinam. ij s. 6 d.  
Entry return. ij s. 6 d.  
Exemplification. 6 s. 8 d.  
1 l. 14 s. 2 d.    
For receiving and recording every Fine. uj s.  


The Goal Fees.  
For every Prisoner that appears upon Bail for recording of appearance. ij s.  
For every Commitment per Court. ij s.  
For every non Cul. pleaded. ij s.  
For every Acquittance by Procl. or otherwise. i s. v d.  
For every Bail over. ij s.  
For every Writ. 

De Pace. ij s.  
De bono gestu. ij s.  
Hab. corp. prisonarii. ij s.  
Deliberes co. prisonarii. ij s.  
Restitution. ij s.  
Scire fac. ij s.  
Excommunicate. cap. ij s.  
Excommun. deliband. and other special Writs. ij s.    
For recording every Mittimus and Signific. iiij s.  
For certifying every Record for every sheet. viij d.  
Every Attachment. xij d.  
For enrowling every Pardon, according to the length xx d. a sheet. xx d.  
For certifying of every Recognizance. ij s.  
For every Travers to an Indictment. ij s.  
For every Recognizance to prosecute in Travers. ij s.  
For every Ve. fa. thereupon. fourteen d. q.  
For every Hab. cor. or distr. xx d q.  
For every Non cull. thereupon by Jury. ij s.  
For every person indicted upon Trespass, that submits himself ●o the Fine upon the Ve. fa. i s. vi d.  
Upon the Cap. ij s. vi d.  
Upon the Al. Cap. iij s. v d.  
Upon the Plur. Cap. iij s. v d.  
Upon the Exigent. vi s. v d.    
Other Fees there are, which experience will best inform.  

Fees upon a Writ of Error.  
For certifying the Record. 1 l.  
Prothonotory for entering upon Record. vi s. viij d.  
Copia Record. xiij s. iiij d.  
Consil. x s.  
Pro quolibet Error. ij s. a piece.  
Feod. Attorney ij s.  
2. 14. 0.   

Sessio secunda.  
Council. x s.  
Writ of Restitution. iij s. seven d.  
Continuance. 1 s.  
Feod. Attorn. ij s.  
16 s. 7 d.   
King's Silver, & post fines. xl s. pay vi s. viij d. iij l. x s. iiij l. xv s. v marks. xiij s. iv d. v l. xx s. For filing a Writ of Habere facias possessionem, vi s. viij d.   

Quinto die Aprilis Anno Regni Domini Jacobi Dei gratia Angliae, Scotiae, Franciae & Hiberniae Regis, Fidei Defensor. etc. Angliae, Franciae & Hiberniae sexto, & Scotiae quadragessimo primo.  
A Rate of all and every the Fees and Duties to be received by the Prothonotary, and Clerk of the Crown of the Counties of Denbigh and Mountgomery, and his Clerks, as belonging to his said place and Office, assessed, rated, and appointed, according to the Statute in that behalf made and provided.  

1. FOr every Queritur. 4 d.  
2. For every Writ upon a Queritur under 40 s. 4. d.  
3. For every Writ upon a Queri●●r, and second Writ for 40 s. and ●●ove. 6 d.  
4. For every Writ upon a Queri●●r, in Actions upon the Case. 12. d.  
5. For every second or third Writ in plea of Land Ejectione firm. Trespass on the Case, and such like. 12 d.  
6. For every Writ of View Sum. ad Warran. Sum. ad anxiliand. are such like. 12 d.  
7. For every Venire facias under 40 s. 12 d.  
8. For every Venire facias for 40 s and above. 14 d.  
9 For every Venire facias in ple● of Land Ejectione firm, Trespass o● the Case, Appeals, and the like. 2 s. 4●  
10. For every Hab. corpora, Distringas, Alias distringas, under 40 s with a Tales. 1 s. 4 d.  
11. For every like, in plea o● Land Ejectione firm, Trespass on the Case, Appeals, and such like. 2. s. 8 d  
12. For every Petty Cape and Grand Cape. 2 s.  
13. For every Tales de Circumsta●tibus. 2 s.  
14. For entering every Challenge. 2 s.  
15. For joining every Issue t● the Challenge. 2 s.  
16. For entering every not Suit. 2 s.  
17. For entering every Verdict in Debt. 1 s.  
18. For entering every Judgement in Debt. 1 s.  
19 For every the like Entrees under 40 s. 6 d.  
20. For every the like Entrees in plea of Land Ejectione firm, Appleals, Trespass on the Case, and such like. 2. s.  
21. For Adjournment of a Jury after appearance. 2. s.  
22. For every Execution under 40 s. 4 d.  
23. For every Execution of 40 s. and above. 6 d.  
24. For every Writ of Seisin. 2 s.  
25. For entering of Seisin. 6 s. 8. d.  
26. For every Elegit. 2 s.  
27. For every Sc. fac. Excommuni●ato Capiend. Exigent, Capias, Vtlegat. Writs for certifying of Matrimony or Bastardy, Supersedeas, Writs of Restitution, Procedendoes, and such like, for every of these. 2 s.  
28. For entering every Declaration under 40 s. 4 d.  
29. For the like of 40 s. and above, Trespass, Detinue, and the like. 8 d.  
30. For entering every Declaration in plea of Land Ejections firm. Trespass on the Case, and Appeals, and such like, not exceeding two sheets. 2 s.  
31. For entering every Plea under 40 s. 4 d.  
32. For entering every Plea for 40 s. and above, not exceeding two sheets of Paper. 1 s.  
33. For entering every such like Plea, in plea of Land Ejectione firm, and Trespass on the Case, and such like. 2 s.  
34. For entering, filing, and enrolling in parchment of all Writs, Declarations, Answers, and every other Plea, if the Copy thereof be above two sheets of paper, as Copies are usually written in his Majesty's Court of Common Pleas or King's Bench, then for such sheet of paper 12 d. and after that rate. 1 s.  
35. For entering the Tenants demand of View. ij s.  
36. For every Habear corpora, Dlstringas, and alias Distringas, for 40 s. and above, with a Tales i s. viij d.  
37. For joining every Issue in Debt under 40 s. iv d.  
38. For joining every Issue in plea of Debt of 40 s. and above Trespass, Detinue, and such like. i s.  
39 For joining every Issue in plea of Land Ejectione firm, Trespass on the Case, Appeals, and such like. ij s.  
40. For every Scriptum de Dom. ij s. iv d.  
41. For entering every Warrant of Attorney. iv d.  
42. For entering every Essoin. iv d.  
43. For entering every Adjournment unto an Essoin. ij d.  
44. For every Rule. iv d.  
45. For search for every Sessions. iv d.  
46. For every continuance before Issue joined. iv d.  
47. For every continuance in Debt after Issue joined, for entering the same upon the plea Roll. 1 s.  
48. For every such Entry in Plea of Land Ejectione firm, Trespass on the base Appeals, and such like, for every such Entry as aforesaid, ij s.  
49. For entering every Imparlance in Debt. i s.  
50. For entering every Imparlance in plea of Land, Ejectione firm, Trespass on the Case, Appeal, and such like. ij s.  
51. For drawing and entering every special Order. i s.  
52. For entering every Fine with Proclamations, and for entering King's Silver. vi s.  
53. For the Chirograph of every Fine. ij s.  
54. For entering and enrolling in parchment of every Recovery by consent of parties, for every Declaration, Plea and Judgement, 2 s. and such other Fees, as in real Actions is set down and rated before. ij s.  
55. For Exemplyfying of Fines with Proclamations. vi s.  
56. For Exemplifying of every Recovery, or other Record whatsoever, according to the length thereof, (viz.) after the rate of 1 s. a sheet as aforesaid. i s.  
57 For certifying of every Record, upon a Writ of Error, or otherwise for entering of every such Record, certified into the Prothonotaries' Office, for every such 1 s. 2 sheet.  
58. For the reversal of every Indictment and Judgement. ij s.  
59 For every Copy of Writ, Declaration, or other Record, for every such sheet. viij d.  
60. For the Prothonotaries' hand to every such Copy, or any other in paper, if the said hand be desired. ij s.  
61. For every Recognizance, pledge of Fine, pledge of Traverse, pledge tam de respond. quam de satis faciendo, for every such. ij s.  
62. For recording every appearance of such as are bound to answer. ij s.  
63. For every prisoner discharged upon Proclamation. i s.  
64. For every such acquitted by Jury. ij s.  
65. And for his Plea of not Guilty. ij s.  
66. For every Warrant of the Peace, Warrant of the good Behaviour, or Subpaena ad testificand. for every such. ij s.  
67. For the Prothonotaries' Clerk, for the writing of every Venfac. 4 d.  
68 For their other Jury. Writ, and Writ of Execution. vi d.   

Ra. Eure.  
H. Towneshend.  
R. Lewkner.   
We whose Names are subscribed, have seen these Fees before recited, for many years received and taken by James Garnons Esq late Deputy Prothonotary of the Counties aforesaid, as Fees belonging unto the said Office.  

Richard Mitton.  
Robert Lloyd.  
Evan Lloyd.  
Aug. 13. 1660.   
This last Copy of Fees I have written with my own hand out of the Original, under the aforementioned Judges hands, viz. Sir Ralph Eur●, Sir Richard Lewkner, and Sir Henry Towneshend, attested by the persors , under their hands also, viz. Richard Mitton then Secondary, Robert Lloyd and Evan Lloyd. then Attorneys there.  
Rice Vaughan●    

Statuta Walliae  
EDwardus Dei gratia Rex Angliae, Dominus Hiberniae, & Dux Aquitaniae omnibus fidelibus suis de terra sua de Snodon, & de aliis terris suis in Wall. Sal. in Domino. Divina providentia, quae in sua dispositione non fallitur, inter alia suae dispensation is munera, quibus nos & regnum nostrum Angliae decorari dignata est, terram Walliae cum incolis suis prius nobis jure feodali subjectam, tam sui gratia in proprietatis nostrae dominium, obstaculis quibuscunque cessantibus, totaliter & cum integritate convertit, & coronae regni praedicti, tanquam partem corporis ejusdem annexuit & univit. Nos itaque intuitu divino volentes praedictam terram nostram Snodon, & alias terras nostras in partibus illis, sicut & caeteras ditioni nostrae subjectas, ad honorem & laudem Dei & Ecclesiae sanctae, ac zelum justitiae sub debito regimine gubernari, & incolas seu habitatores terrarum illarum, qui altae & bassae se submiserunt voluntati nostrae, & quos sic ad nostram recepimus voluntatem, certis legibus & consuetudinibus sub tranquillitate & pace nostra tractari: leges & consuetudines partium illarum hactenus usitatas, coram nobis & Proceribus regni nostri fecimus recitari. Quibus diligenter auditis, & plenius intellectis, quasdam illarum de consilio Procerum praedictorum delevimus, quasdam permisimus, & quasdam correximus, & etiam quasdam alias adjiciendas & faciendas decrevimus: & eas de caetero in terris nostris, in partibus illis perpetua firmitate teneri & observa●i volumus in forma subscripta.  
¶ Providimus, & decernendo statuimus, quod Justitiarius Snoudon habeat custodiam & gubernationem pacis nostrae regiae in Snoudon, & terris nostris Wall. adjacentibus: & justitiam exhibeat quibuscunque juxta brevia regia originalia, leges etiam & consuetudines infrascriptas.  
Volumus & statuimus, quod Vice-Comites, Coronatores, & & Ballivi commotorum sint in Snoudon & terris nostris partium earundem: Vicecomes de Angliseia, sub quo terra nostra tota Anglisei, cum cantredis, medis, & bundis suis: Vicecomes de Kaernarvam, sub quo cantreda de Arvan, cantreda de Artlentoyth, commotum de Crukvn, cantreda de Thlen, & commotum de Invenyth: Vicecomes de Meronyth, sub quo cantreda de Meronyth, commotum de Ardudo, commotum de Pentlyn, & commotum de Irmony, cum metis & bundis suis: Vicecomes de Flint, sub quo cantreda de Englesende, terra de Meillor, Seisnek, & terra de Hope, & tota terra conjuncta castro nostro & ville de Ruthlan usque ad villam Cestriae, de caetero intendant Justitiarij nostri Cestriae, & de exitibus eorundem comitatuum respondeant ad Scaccarium nostrum Cestriae.  
¶ Coronatores sint in eisdem commotis per breve regium elegendi, cujus tenor invenietur inter brevia originalia Cancellariae.  
Sint etiam Ballivi commotorum, qui fideliter officia sua faciant & exequentur, & eye diligenter intendant secundum quod per Justic. & Vicecom. eis injungatur. Vicecomes de Kermerthen cum cantredis, commotis & metis ac bundis suis antiquis, Vicecomes de Kardygan Lampader, cum cantredis, commotis, & metis ac bundis suis.  
Coronatores sint in eisdem commotis, & ballivi commotorum ut prius  

De Officin Vicecomitis in Wallia, & modo Com. tenendorum.  
Vicecomes officium suum exercere debet sub hac forma: scilicet cum quis sibi conquestus fuerit de quacunque transgres. sibi facta contra pacem Domini Regis, sive de captione, & Injusta detentione averiorum, sive de namio vetito, aut de debito, aut de alio contractu non observato, & de consimilibus, per breve vel sine brevi: Primo capiat pleg. de prof. clam. suo vel per fidem, si fuerit pauper: & postea faciat executionem, prout plenius declaratur hoc modo. Defendentes in quolibet casu summoneantur, quod sint ad proximum com. respons. conquerentibus: Ad quem com. facta summonitione & testisicata. si non venerint, per considerationem com. iterum sum. quod sint ad alium prox. com. respons. ut prius. Ad quem com. si non venerint, ex tanc conquerentes per considerationem com. tam in placitis per brevia quam querimoniis sine brevi recuperent petitiones suas cum damnis suis sive emendis, tam in rebus mobilibus quam immobilibus prout actiones requirunt. Et per hujusmodi defaltis poena secundum legem & consuetudinem Wallensicam Domino Regi incurratur. Et cum partes comparuerint ad placitand. utraque pars suam narrando veritatem admittatur sine occasione, & secundum petitiones respondeat, & allegeat: hinc inde per considerationem com. ad judicium pro Queren. vel Defend. procedatur: & secundum quantitatem & qualitatem delicti puniatur. Et sciendum est, quod hoc modo debet com. teneri, sc. de mense in mensem, in loco ubi Dominus Rex ordinaverit, & hoc per diem Lunae in unum com. per diem Martis in alium com. per diem Mercurii in tertium com. & per diem Jovis in quartumcom. & non per alios dies. Et Vicecomes ad com. suum tenendum sic procedat.  
¶ In primis audiat& recipiat coram eo & coronat, & sectatoribus com. praesentationes feloniarum & casuum, qui contigerint inter duos com. de morte hominis hoc modo. Quod quatuor villatae propinquiores loco, ubi casus homicidii vel infortunii contigerit, veniant ad prox. com. una cum inventore & Wallesheria, id est parentela hominis interfecti, & ibi praesentent factum feloniae & casum infortunii, & modum utriusque ita pronunciando, quod tali die & tali loco contigit, notus aut ignotus, inventus fuit occisus per feloniam vel submersus, vel alio modo mortuus per insortunium, & talis eum invenit, qui presens est, etc. Et ista praesentatio tam in rotulo Coronatorum quam in rotulo Vicecom. statim irrotuletur. Et si ibi fuerit homo vel foemina, quae appellum sequi voluerit, slatim recipiantur plegii de pros. & deducatur appellum in illo com. Ita quod si appellati comparuerint, statim capiantur, & in prisona Domini Regis usque adventum justic. detineantur, & salvo custodiantur. Et si non comparuerint, tunc ad prosecutionem appellantis exigantur de com. in com. Et si ad quartum com. non venerint, vel manucapti non fuerint, utlagentur, & foeminae weymentur: Et ad primum come. ad quem exigentur, si non comparuerint, statim eorum terrae & catalla capiantur & seisientur in manum Domini Regis, & tradantur custodiend. villatis, ut infra. Eodem modo procedat in appello de plaga, mahemio, raptu, incendio, & roberia contra appellatos, si non comparuerint. Et si comparuerint, & pleg. invenerint sufficientes, sex ad minus vel plures, standi recto in adventu Justic. statim replegientur.  
Et sciendum est, quod contra appellatos de vi. praecepto, missione, vel receptamento, non est procedend. ad utlagar. quousque de facto aliquis convincatur.  
Vicecomes faciat turnum suum in singulis commotis suis, bis in anno, in aliquo certo loco ad hoc assignato: se. semel post festum sancti Michaelis, & semel post Pascham. Ad quem turnum omnes libere tenentes, & alii terram tenentes, in commoto illo residentes tempore summonitionis turnum tenendi, exceptis religiosis, clericis & foeminis, ibidem venire debet. Et Vicecomes per Sacramentum. xii. libere tenentium de discretioribus, & legatoribus, vel plurium pro discretione sua diligenter inquirat de capitulis coronam Domini Regis tangentibus subscriptis.  
De seductoribus Domini Regis, & Regni Dominae Reginae, vel liberorum suorum, & eorum consentaneis: De finibus: de homicidiis: de roberatoribus: de murdritoribus: de incendiariis, incendia felonice facientibus, & corum receptatoribus, & eye consentientibus: de macegrariis carnes furatas scientibus, vendentibus, & ementibus: de whittawariis scilicet quod coria bovina, & equina furata scienter albificant, ut sic non agnoscantur: de redubbatoribus pannorum furatorum, eos in novam formam redigentibus, & veterem mutantibus, ut de mantello tunicam vel super tunicam facientibus, & similia: de utlagatis, & illis qui regnum abjuraverunt reversis: de his qui contra adventum. Item Just. se subtraxerint, & post iter Justic. redierint: de raptoribus virginum, sanctimonialium, & matronarum honeste viventium: de thesauro invento: de cursu aquae diverso: de via obstructa, vel restricta, vel arctata: de muris, domibus, portis fossatis, & marleriis levatis & fact is intra iter publicum, ad nocumentum ipsius itineris, & periculum transeuntium: & de praedicta levantibus & facientibus: de salsariis monetae, & sigilli Domini Regis: de malefactoribus in parcis, & vivariis: de frangentibus prisonam Domini Regis: de capientibus columbas volantes de columbat: de facientibus poundbreche, hoc est de fractoribus parcorum in quibus animalia impercantur: de forstali, hoc est de recussu averiorum: de hampsonkne, hoc est de invasione domorum: de thefbote, hoc est de emenda furti capta sine consideratione curiae Domini Regis, de imprisonantibus liberos quoscunque, de usurariis de amoveribus, vel corrumpentibus divisas, de assisa panis & servisiae non observata, & de eam infringentibus. de bussellis galonibus & aliis mensuris injustis & per ea vendentibus. De ulnis & ponderibus injustis, & per ea vendentibus, de hospitantibus ignotos ultra duas noctes: de sanguine effuso, de hutesio levato, de tondentibus multones noctanter in ovilibus, & eos excoriantibus, vel etiam alia animalia, de capientibus & colligentibus noctanter blada in autumno, & ea asportantibus, & de omnibus hujusmodi malefactoribus.  
¶ Inquiratur etiam de juribus Domini Regis subtractis, ut de custodiis, Wardis maritagiis, releviis, feodis, advocationibus Ecclesiarum, si quae fuerint, sectis commitatum & commotorum, quis ea subtraxit, & à quo tempore, & de his qui sibi appropriaverint jura regalia absque warranto, ut furcas emendas, assisae panis & servisiae fractae, placitum de vetito namio, & alia hujusmodi jura, quae ad praerogativam pertinent & coronam. Domini Regis.  
¶ Vicecomes aut in visu & turno suo faciendo statim in principio convenire faciat coram eo omnes totius commoti, & eos jurace faciat, quod verum presentabunt. xij juratoribus vel pluribus per vicecom. electis, & nullum verum celabunt, vel aliquod falsum dicent de his, de quibus ab eis inquiretur ex parte Domini Regis. Et facto sacramento, exponant eis capitula suprascripta, & injungant eye, quae de singulis diligenter veritatem inquirant, Et si quos invenerint, qui ob eorum malefactum vitam amittere debeant vel membra, eorum nomina in secretis vic. intiment, ne forte hujusmodi indictati, li presentes essent in turno, affugerent, li in publico indictarentur. De caeteris autem articulis bene poterunt palam & publice respondere & veredictum suum reddere, & tunc dictatur eis quod singuli seorsum vadant, & tractent diligenter & inquirant de his, quae eis sunt injuncta: Et cum bene certiorati suerint, redeant, veredictum suum reddant & presentent.  
¶ Vicecomes vero in veredictis & recognitionibus admittend. non querat actiones verfus presentantes, nec capiat ab eye fines, per sic quae non occasionentur. Recepto autem veredicto seu praesentatione praesentantium, Vicecomes statim, vel quam cito poterit, indictos de maleficiis, quorum poena est mors, vel amissio membrorum, capiat, & in prisona detineat, vel per plegios dimittat sufficientes. Et de caeteris capitulis secundum quod inquisierit statim fiat correctio & debita executio in omnibus & singulis supradictis.  
Ballivi autem commotorum de caetero teneant commotos suos, & justitiam faciant & exerceant inter litigantes.  
¶ De officio coronatorum, videlicet de placitis coronae in partibus Walliae provisum est, quod in quolibet com. Wall. si un us coronator ad minus per breve Domini Regis in forma inter caetera brevia regia subsequent. contenta, qui in pleno com. eligatur, & coram Vic. ibidem fac. sacram. quod erit fidelis Domino Regi, quod fideliter faciet & exequet. omnia quae ad officium coronatoris pertinent. Eritque officium ejus, quod stacim postquam ab aliquo fuerit requisitus veniendi ad mortuum interfectum per feloniam, vel subversum, aut quocunque alio modo mortuum per infortunium, & etiam ad viend. hominem enormiter vulneratum, de cujus vita desperatur, quod statim mandabit Vic. vel ballivo commoti, quod ven. fac. coram eo certis die & loco oc. xij. annorum & ultra de villa illa, in qua casus contigerit, & de quatuor villatis propinquioribus: & quod per eorum sacram. fideliter caute & secrete ac diligenter inquiret de felonia, de felonibus, & eorum catallis, similiter de facto & de modo facti videlicet quis fuerit culpabilis de facto, quis de vi, & cujusmodi vi quis de praecepto seu missione, quis etiam de receptamento post factum, & de catallis eorundem hujusmodi qui per inquisitionem inde culpabiles inventi fuerint. Inquirat etiam quis interfectum primo invenerit, & nomen ejus irrotuletur, & attachietur per pleg. quorum nomina irrotulentur veniendi ad prox. commotum, & etiam coram Justic in adventu suo. Et quae facta inquisitione illa eam statim distincte & aperte irrotulari fac. una cum nominibus eorundem, quae inventi fuerint culpabiles & corum catallis, & quae nomina scripta vic. si praesens fuerit, vel ballivo commoti liberabit secrete praecipiendo ex parte Domini Regis, quod corpora eorum statim capiantur, & in prisona Domini Regis salvo custodiantur, donec inde steterint recto in cur. Domini Regis. Et quod catalla eorundem fideliter appreciari fac. & tam catalla particulariter quam precium eorundem, in rotulo suo ponet, & eadem catalla per visum vic. vel ballivi, & aliorum fidelium Domini Regis, qui interfuerint singulis villatis, in quibus catalla praedicta inventa fuerint, interim liberari fac. ut in adventu Justic. fideliter inde Domino Regi respondeant.  
¶ Coronator vero cum fecerit inquisitionem super mortuum, interroget Walesheriam, scilicet parentelam interfecti: Et si quis ex parte patris, & alius ex parte matris apparuerint, dicendo, quod fuit de parentela sua, & hoc per fideles Regis presentes testificatum fuerit, nomina eorum in rotulo suo statim irrotulari fac. Si autem nullus de parentela comparuerint, irrotuletur similiter in rotulo quod nullus comparet, ut Justic. in adventu suo evidentius facere possit, quod in hac parte fuerit faciendum. Coronator etiam diligenter inquirat casum infortunii & modum & secundum quod invenerit per inquisitionem distincte irrot. fac. Inquirat etiam de inventore & nomen ejus irrotulari fac. ut supra.  
¶ Praeterea cum latro vel homicida, seu alius malefactor fugerit ad Ecclesiam, coronator quae cito constiterit sibi, mandet ballivo Domini Regis illius commoti, quod certo die venire faciat coram eo probos & legales homines de visu. & in praesentia eorum facta recognitione feloniae, fieri fac. abjurationem hoc modo, quod felo duc. usque ad portam Ecclesiae & assignetur ei portus per coronatorem, & ex tunc abjuret Regnum, & secundum quod assignabitur ei portus propinquus vel remotus praeligatur ei terminus exeundi Regnum praedict. Ita quod in eundo versus portum illum deferens quandam crucem in manu sua, non declinet à via regali ullo modo scilicet à dextris nec à sinistris, sed semper eam teneat, quousque regnum exierit.   

¶ Forma brevinm orig. plac. in Wall.  
¶ Bre. de No. diss. de libero ten. de quo quis liber homo injuste & sine judicio fuerit disseisitus. Rex Vic. Anglisci salutem. Questus est nobis A. quod B. & C. injuste, etc. disseum de libero ten. suo de N. post pacem nostram in Wall. proclam. An. Regni nostri. xi. Et ideo tibi praecipimus, quod si praedictus A. fece. rit te, etc. tune fac. ten. illud de catallis, quae in ipso capta fuerunt, & ipsum ten. cum eatallis esse in pace usque ad certum diem, q. Justic. nostri tibi scire fac. Et interim fac. xii. liberos & leg. homines de vis. sum illo videre ten. illud, & nomina eorum inbreviari. Et sum. eos per bonos sum. quod tunc sint coram praefatis Justic. nostris parati inde fac. recognic. Et pone per vad. & salvos pleg. praedictos B. & C. vel ballivos suos, si ipsi inventi non fuerint, quod tunc sint ibi aud. illam recogn. Et habeas ibi sum. nomina pleg. & hoc bre. Dat. apud Kernervan, vel alibi, tali die & tali anno.   

¶ De no. disseisina de communia pastura fiat breve sic.  
¶ Questus est nobis A. quod B. & C. injuste, etc. disseis. eum de communia pasturae suae in N. quod pertinet ad liberum ten. suum in eadem villa, vel in alia, si casus hoc velit, post pacem, etc. Et ideo tibi praecipimus, quod si praedictus A. fecerit te, etc. tunc fac. xii. liberos, etc. videre pasturam illam & ten. & nomina eorum inbreviari. Et sum. eos per bonos sum. quod tunc sint coram Justic. etc. parati inde facer. recogn. Et pone, etc. praedictos B & C. vel ballivos suos, si ipsi inventi non fuerint, quod tunc sint ibi aud. illam recogn. Et habeas ibi, etc. Dat, etc. vel sic. Questus est nobis A. quod B. etc. levavit vel prostravit quandam septem, vel quoddam fossatum, vel obstruxit, vel arctavit quandam viam, vel divertit cursum cujusdam aquae, vel levavit, vel prostravit, vel exaltavit quoddam stagnum in N. ad nocumentum liberi tenementi sui in eadem villa, vel in alia si casus sit, post pacem nostram in Wall, etc. Et ideo tibi praecipimus, quod si praedictus A. fecerit, etc. tunc fac. xii. etc. videre sepem illam, vel fossatum illud, vel viam illam, vel cursum illius aquae, vel stagnum illud & ten. & nomina eorum inbreviari. Et sum. eos, etc. quod sint coram Justic. nostr. etc. Et pone, etc. praedictum B. vel ballivum, etc. quod sit, etc. Et habeas, etc. Dat, etc. Et mutentur formae brevium secundum diversitatem casuum.   

¶ Breve de morte antecessoris.  
¶ Rex Vic. salutem. Si A. fecerit te secur. etc. tune sum. per bono● sum. xii. liberos. & leg. homines de vis. de N. quod sint coram Justic. nost. etc. parati sacr. recognoscere, si B. pater praedicti A. fuit seisitus in Dominico suo ut de feodo, de manerio tali cum pertin. vel de tanto terrae cum pertin. in N. die quo obiit, & si obiit post pacem nostram in Wallia proclamatam, Anno Regni nostri undecimo. Et si idem A. propinquior haeres ejus sit. Et interim manerium illud, vel terram illam videant, & nomina eorum inbreviari fac. Et sum. per bonos sum. B. quod manerium illud, vel terram illam tenet, quod tune sit ibi aud. illam recogn. & habeas ibi sum. & hoc bre. Et fiant brevia patentia sub his verbis, quousque Dominus Rex aliud inde ordinaverit.  
¶ Rex Justic. suo salutem. Sciatis quod constituimus vos Justic. nostros una cum his, quos vobis assoc, ad assisas no. dis. & mortis antec. in partibus Walliae capiend. Et ideo vobis mandamus, quod ad certos dies & loca, quos ad hoc provideritis, assisas illas capiatis. Factur. inde, quod ad Justic. pertinet secundum legem & consuetudinem Regni nostri. Salvis nobis amerciamentis, & aliis ad nos inde spectantibus. Mandavimus enim Vicecomitibus nostris, quod ad certos dies & loca, quos eis scire fac. assisas illas coram vobis ven. fac. In cujus rei test. has litteras nostras fier. sec. patent. Dat, etc. Et fiat bre. clausum dirigend. vic. sub hac forma.  
¶ Rex Vic. salutem. Praecipimus tibi, quod omnes assisas no. diss. & mortis anteces. coram Justic. nostro arraniatas per brevia nostra venire fac. coram eodem Justic. ad certos dies & loca, quos tibi scire fac. cum brevibus origin. & omnibus aliis adminiculis dictas assisas contingentibus, & hoc bre. Dat, etc. Et mutet. forma brevis secundum diversitatem casuum vid. si pater vel mater, frater vel soror, avunculus vel amita fuit seisitus in Dominico suo, ut de feod. de repetita per viam mortis anteces. die quo obiit. Et quum plures coher. participes unius hered. petunt ipsam her. videlicet quando unus eorum petit de mor● patris vel matris, fratris vel sororis, avunculi vel amitae, & alius vel alii ex ipsis coher. petunt de mort. avi sui vel aviae suae vel consanguineae suae, fiat eye bre. mortis anteces, in casusuo, quia illa pars dicti brevis, quae tangit naturam mortis anteces. juxta articulum inde usitatum attrahit ad se naturam aliorum articulorum tangentium coheredes in gradibus remotioribus.   

¶ Breve commune quod in aliquo casu tangit jus, & in aliquo possessionem.  
¶ Rex Vic. salutem Praec. A. quod juste, etc. reddat B. maner. de N. cum pertin. quod praedictus A. ei deforciat, ut dicit. Et nisi fecerit, & praedictus B. fec. te secur. etc. tunc sum. etc. praedictum A. quod sit coram Justic. ostens. quare non fecerit. Et habeas ibi sum. & hoc bre. Dat. etc. Velure sic. Praec. A. quod juste, etc. reddat B. tantum terrae cum pertin. in N. ut supra. Et similiter conced. istud bre. coram Justic. de banco, si petens voluerit.   

¶ Breve de dote in Wallia.  
¶ Rex Vic. salutem. Praec. A. quod juste, etc. reddat B. quam fuit uxor C. rationabilem dotem suam, quae eam contingit de libero ten. quod fuit praedicti C. quondam viri sui in N. unde nihil habet, ut dicit; & unde queritur, quod praedictus A. ei deforceat. Et nisi fecerit, & praedicta B. fec. te secur. de clam. suo pros. tunc sum. etc. praedictum A. quod sit coram Justic. nostro, etc. ostens. quare non fecit. Et habeas ibi, etc. Dat. etc. Et mutetur forma brevis secundum diversitates casuum, videlicet si mulier dotata fuerit ad hostium Ecclesiae de assensu & voluntate patris, vel alterius antecessoris, cujus haeres esse poterit, vel esse debet.   

¶ Breve de Debito.  
¶ Rex Vic. salutem. Praec. A quod juste, etc. reddat B. cent. solidos, quos ei debet, & injuste detinet, ut dicit. Et nisi fecerit, & praedictus B. fecerit te secur. de clam. etc. tune sum. etc. praedictum A. quod sit coram Justic. nostro, ostens. quare non fecerit. Et habeas ibi sum. & hoc breve Dat. etc. Et si catalla vel sacci lanae exigantur, fiat eis breve subscriptum.  
¶ Rex Vic. sal. Praec. A. quod juste, etc. reddat B. unum sacc. lanae precii decem mercarum, quem ei injuste detinet: Vel eatalla ad valenciam. x. mercarum, quae ei injuste detinet, ut dicit. Et nisi fecerit. etc. ut supra. Et fiant formulae consimilis brevis secundum ostensiones petentium, & diversitates casuum. Et non fiant hujusmodi brevia coram Justic. plac. de minori summa, quam xl. s. sed placita de debito, quae summam xl. s. non attingunt, in com. placitentur, & in commoto similiter. Et si forte petens placitare voluerit de hujusmodi in com. tunc fiat ei tale breve, quod vocatur Justicies.  
¶ Rex Vic. salutem. Praecipimus tibi, quam Justicies A. quod injuste. etc. reddat B. cent. solidos, quos ei debet, ut dicit, sicut rationabiliter monstrare poterit, quod ei reddere debeat. Ne amplius inde clam. aud. per defectum Justitiae. Dat. etc. vel lic. Quod reddat B. unum faccum lanae precii. x. mercarum, vel catalla ad valentiam. x. mercarum, quae ei injuste detinet, ut dicit. Sicut rationabiliter. etc. Ne amplius. etc. Dat. etc. Et fiat inde Pone, si petatur, sub hac forma.  
¶ Rex Vic. salutem. Pone ad petitionem petentis coram Justic. etc. tali die loquelam quae est in com. tuo per brev. nostr. inter A. & B. de debito centum solidorum, quod idem A. à praefato B. exigit. Et sum. per bonos sum. praedictum B. quod tunc sit ibi praefato A. inde responsurus. Et habeas ibi. etc. Dat. etc.   

¶ Breve de Conventione.  
¶ Praecipe A. quod injuste. etc. teneat B. conventionem inter eos factam de uno messuagio cum x. acris terrae & v. acris bosci cum pertin. in N. Et nisi secerit. etc. tunc sum. etc. praedictum A. quod sit. etc. ostens. etc. Dat. etc. Et fiant conventiones secundum voluntates contrahentium & diversitates casuum, sive coram Justic. vel in com. juxta petentium voluntatem. Et si voluerint placitare, fiat eis breve quod vocatur Justitias, & postmodum inde fieri poterit pone, si petatur.   

¶ Forma brevis de Atturn.  
¶ Rex Vic. salutem. Sciatis quod A. atturnavit coram nobis loco suo B. & C. ad lucrand. vel perdend. in loquela quia est in com. tuo per breve nostr. inter ipsum A. petentem, & D. tenentem, de uno messuagio cum pertin. in N. Et ideo tibi praecipimus, quod praedictus B & C. vel alterum ipsorum, si ambo interesse non possint, loco ipsius A. ad hoc recipias. Dat. etc. Eodem modo fiant brevia de atturn in aliis casibus secundum diversitatem casuum & formam brevium.   

¶ Forma brevis de Coron. eligendo.  
¶ Rex Vic. salutem. Praecipimus tibi, quod in pleno com. tuo, de assensu ejusdem com. eligi fac. unum Coronatorem, qui praestito Sacramento, prout moris est, extunc ea fac. & conservet, quae ad officium Coronatoris pertinent in com. praedicto. Et talem eum eligi fac. quia melius sciat & possit officio illi intendere. Et nomen ejus nobis scire facias. Dat. etc. Et si ipse infirmetur, vel moriatur, vel ob aliquam aliam causam officio illi intendere nequierit: tunc fiat illud breve, mutatis mutandis.   

¶ Placitorum quadam habent terminari per assisam, & quaedam per juratas.  
¶ Per assisam habent terminari cum quibus seisitus de liber. ten. postea per vim dissesitus petit seisinam sibi restitui: & in hoc casu provisum est bre. de nova disseisina in forma inter alia brevia originalia Cancellariae subscripta. Similiter de communia pasturesve pertinente ad liberum tenementum suum petat seisinam sibi restitui: & in hoc casu providetur idem breve de nova disseisina per mutationes quorundam verborum in forma inter alia brevia originalia Cancellariae subscripta. In quibus brevibus sic est procedendum. Primo receptis à quaerente duobus plegiis de praec. Vic. fac. eliger. xij. liber. & leg. etc. de vis. ubi ten. vel pastur. existit, & fac. eo, videre ten. & similiter pasturam, & attachiet disseisitores, prout continent in brevi. Postea cum partes & assisa venerint coram Justic. quaeratur à quaerente de quo libero tenemento, vel de qua communia pasturae quaeritur disseisiri, & secundum ejus quaerimoniam & responsionem partis adversae, procedatur ad captionem assisae, nisi disseisitus aliquid sciat dicere, quare assisa debeat remanere. Et si assisa fac. pro quaerente, recuperet quaerens seisinam suam simul cum damnis taxatis per assisam versus disseisitorem. Et disseisitor remaneat in mis. Domini Reg. vel committatur gaole redimendus, si disseisina facta fuerit enormiter & vi & armis.  
¶ Sunt quaedam alia brevia, quia per ass. habent terminari, videlicet de stagno levato, prostrato, exaltato, de fossato levato, vel prostrato, saepe levata vel prostrata, de via obstructa vel arctata, de cursu aquae diverso. Et secundum diversitatem casunm diversificent brevia originalia: quae quidem brevia, cum brevibus de no. diss. superius continentur, & eodem modo sicut supradictum est in brevi de libero ten. & de communia pasturae, est procedend. in eisdem.  
¶ In supradictis brevibus ass. no. diss. nullum jacet essonium seu dilatio, sed prima die procedat ad justitiam fac. Aliud est brev. assisarum, quando aliquispetit seisinam ten. unde antecessor suus obiit seisitus, videlicet, pater, mater, frater, soror, avunculus, aut amita, in quo casu provisum est breve mortis antecess. in forma inter caetera brevia originalia superius contenta.  
¶ Contingit etiam aliquando, quod petitur seisina antec. in casu quando antecessor non obiit seisitus, sed fuit seisitus die quo habitum religionis suscepit, vel iter peregrinationis arripuit, in quo itiner. obiit. Ponatur dies, quo habit. religionis suscepit, vel iter peregrinat. etc. in quo itinere, etc. Et li itur. etc. In isto brevi mortis antec. sic est procedend. Primo inventis pleg. de pros. & ass. electa, & visu facto à juratoribus, summoneatur tenens per duos bonos & leg. sum. quod sit coram Justic. ad certum diem, etc. & contineat summonitio. xv. dies, ad quem diem si venerit. procedat Justic. in suo officio exequendo. Et si ad alium diem non venerit, puniatur, pro defalta sua secundum quod continet. in lege Wallensica, videlicet per tres vaccas, vel per precium earundem: & resummoneatur per alios duos sum summonitione similiter continente spacium. xv. dierum, sicut praedictum est, ad quem diem sive venerit, sive non, procedatur ad judicium, vel procedat Justic. ad officium suum faciend. nisi fecerit se essoniari de ultra mare: & tunc dabitur ei spacium. xl. dierum, ut possit habere cb & flode. Sed caveat sibi, qui se sic essoniat, quod si existens infra quatuor maria de ultra mare falso se essoniaverit, & super hoc convincat. per bonam probationem, vel per bonam inquisitionem, puniatur, tanquam pro defalta, primo per mis. secundum quod continetur in lege Wallensica, & praecludatur ei via aliquid dicendi contra assisam nisi vocare possit ad warrantum.  
¶ Et sciendum, quod nec in brevi mortis antec. nec in aliquo brevi de placito terrae jacet aliquod esson. nisi tamen esson. de ultra mare, & hoc antequam tenens vel deforcians appareat in cur. & esson. de servitio Domini Regis, quod jacet in omni lco placiti, quum Rex illud war. voluerit. Sed caveat sibi quod non falso fac. se esson. de servitio Domini Regis. Quia si deficiat de warranto Regis, puniet. pro defaltis per mis. Domino Regi dandam secundum legem Wallensicam, & versus partem adversam de expensis sibi refundendis de illa jorneta secundum discretionem Justic.  
¶ In istis brevibus mortis antec. sic est procedendum. Lecto primo brevi, in quo continent. petito petentis, quaeratur à defore. si quid sciat dicere, quare assisa debeat remanere, quod si nesciat, capiat Justic. ass. per juratores, quia melius sciant veritatem, secundum formam brevis. Et si assisa transeat pro petente, adjudicet. petenti seisina cum damnis taxatis per juratores, & remaneat deforcians in mis. Domini Regis. Multa quidem potest deforciator dicere contra assisam. Potest enim vocare ad warrantum, & tunc expectandus est adventus warranti, quem Justic. faciat venire primo per unam summonitionem, & si necesse sit per resum. sicut dictum est de principale deforciante, & pro defalta puniatur sicut dictum est. Post resum. si nondum venerit, nec se essonaverit, procedat assisa versus eam per defaltam. Et si assisa transeat pro petente, adjudicetur petenti seisina rei petitae, & defendens habeat de terra warranti ad valentiam. Et si warrantus venerit, & petat sibi ostendi, per quod debeat warrantizare. oportet, quod vocator ostendar cartam, quae faciat mentionem de warrantia vel de dono facto à warranto, vel antecessore suo, cujus haeres ipse est: in quo fiat mentio, quod de deforciatore & haerede tenere debeat: Vel quod ostendat, quod warrantus sit seisitus de homagio suo pro ten petito, quod habet inquiri, si dedicat. per eos, in quorum praesentia dicet se fecisse hom simul cum aliis liberis & leg. hominibus juratis; Vel quod teneat ten. illud in excambio pro alio ten. si per ista poterit defore, dacer. warr. suum ad warrremanebit in mis. Domini Regis, quia dedixit warr. & nihilominus considerabit, quod warr. & respon. deat ad assisam, si voluerit. Multa alia potest deforciator dicere contra ass. videlicet quod antecessor, de cujus morte, etc. fecit feloniam, pro qua suit suspensus, & utlagatus, vel tanquam publicus latro fugiens & juri non parens decaptatus, vel si consitens feloniam coram Coronat: Walliam abjuravit.  
¶ Potest etiam deforcians obicere petenti bastardiam, & tunc mandet Episc. loci, quod rei veritatem super hoc inquirat, & certificet inde capitalem Justic. Wall. Et secundum quod Episcopus certificavit, procedat ad judicium sine captione assisae. Et si Episcopus mandet, quod bastardus est praecludat omni via petendi. Et si mandet, quod legitimus est, Justic. fac. venire deforc. per sum. & si necesse sit per resum. reservata Regi mis pro defalta. Et saepe dictum est, post resum. sive ven. sive non recuperabit petens demandam suam per testim. Episcopi: cujus testim. non creditur in contrarium, & remanebit in mis. Regis. Multa alia potest deforcians dicere, quod difficile esset enumerare: sicut antecessor, de cujus seisina ass. arraniata est, suit villanus, & terram tenuit in villen. vel quod tenuit ad voluntatem, vel ad terminum vitae, vel annorum. In quibus casibus ass. mortis antec. non jacet. Non debent autem supradictae ass. no. diss. & mortis antec. capi, nisi in propriis com. ne propria laboribus & expensis fatigetur: sed per Justic. capiantur assisae bis, ter, vel quater in anno.  
Dictum in parte de brevibus ass. & de processu eorundem, modo dicendum est de placitis, quae terminari habent per inquisitionem seu per juratam: quorum quaedam sunt de rebus immobilibus, sicut de ten. sive de mobilibus, sicut de debitis & catall. quaedam de utrisque, sicut de transgressione. Sed primo de ten: & immobilibus aliquid est dicendum, de quibus provisum est breve, cujus forma inter caetera brevia partium illarum continetur. Processus istius brevis est talis. Primo inventis pleg. de pros. Vic. fac. sum. per bonos sum. ten. quod sit ad certum diem, ad quem si non venerit, fiat alia summonitio ad alium diem: Et si ad secundum diem non venerit, summoneatur, quod sit ad certum diem: ad quem si non venerit, nec se essoniari secerit, adjudicabitur petenti seisina per defaltam, & deforcians remanebit in misericordia Regis, reservata Regi misericord. pro qualibet defalta, sicut praedict. est.  
¶ Cum vero deforcians compar. quia per verba brevis non potest sciri petitio petentis, eo quod multae, & quasi infinitae sunt rationes petendi, necesse habet ille, qui petit, quod narret versus deforciantem, & exprimat rationem petitionis suae, & hoc per verba veritatem continentia, sine calumnia verborum non servata illa consuetudine: Qui cadit à syllaba, cadit à tota caussa.  
¶ De rationibus petendi quales sint & esse debeant, expedit quod aliquid sub brevitate dicat. Multoties habet petens jus, per hoc quod anrecessor suus tenuit terram & fuit seisitus, ut de jure & de feodo, & tunc necesse habet petens narrar. descensum parentele descendendo ad ipsum. Contingit etiam, quod aliquis dimittit terram suam ad terminum vitae vel annorum, post quem terminum, ad ipsum vel ad heredes suos terra debet reverti, vel etiam debet ad ipsum reverti post mortem mulieris tenentis in dotem vel tanquam escaeta post mortem tenentis sui felonis. In quatuor casibus praedictis, vel post mortem alicujus debet terra remanere alii per formam donationis. In istis casibus & similibus exprimat petens petitionem suam secundum casum suum. Et in casibus illis & consimilibus, quibus utendum brevi praedicto, illo, & non alio utatur: & audita ratione petentis, habeat tenens visum terrae, si petat: & det, dies: infra quem fiat, visus. Et ad diem datum post visum respondeat deforcians, qui vocare poterit ad warrantum per auxilium cur. sicut dictum est in brevi mortis antec. Et justic. fac. venire warrantum, sicut venire fecit principalem deforc. per unam summonitionem, & si necesse sit per secundam & tertiam, ad quam si non venerit, puniatur: tamen pro qualibet defalta (ut praedictum est) adjudicabit petenti seisina rei petitae per defaltam warranti, & deforcians habeat de terra warranti ad valentiam, & warrantus sit in mis. Si warrantus venerit, & gratis warrantizaverit recipiet ad responsionem & placiti defensionem sine visu terrae habendo. Si autem warrantizare dedixerit, deducatur placitum de warrantia inter eos, secundum quod dictum est supra in brevi mortis antec. Si autem deforcians excipiat contra petentem, quod antecess. suns, de cujus seisina petit, vel aliquis in descendendo fuit bastardus: ita quod ab ipso, vel per medium ipsius nihil potest ei descendere, audiatur, vel ostendat cartam antecessoris sui de feoffamento, vel alicujus in descendendo de quieta clamantia: & per unius partis affirmationem & alterius negationem descendant partes ad leg. inquisitionem, & per veredictum inquisic. terminet placitum: quia placita de terris in partibus istis non habent terminari per duellum, neque per magnam assisam. Eodem modo si excipiat, quod antecessor vel aliquis in descendendo commisit feloniam, per quam sibi non competit actio: In quo casu si ille, cui hoc opponitur, neget: potius habet negotium terminari per recordum Justic. vel per inquis. patriae: De suspensione & de-captione, & etiam per recordum Coronatorum de utlagaria & abjuratione. Similiter in petitione ten. quod debet reverti post terminum praeteritum, vel per modum donationis per affirmationem unius partis, & per negationem alterius descendatur ad inquisic. patriae: & per veredictum ejus adjudicetur.  
¶ De articulo alio sc. de mobilibus debitis sive catallis est dicendum. Super quo provisum est breve de debito in forma praescripta. In hoc bre. sic est procedendum. Primo inventis pleg: de pros. summoneat. debitor sive reus, quod sit coram Just. ad certum diem, ad quem si non venerit, nec se essoniaverit, adjudicet debitum petenti per defaltam simul cum damnis per discretionem Justic. vel per inquisitionem patriae pro voluntate Justic & debitor remaneat in mis. Domini Regis, reservata semper Regi mis. pro qualibet defalta. Si vero debitor venerit, necesse habet actor exprimere petitionem & rationem suae petitionis, videlicet quod tenet ei in centum marcis, quas sibi accommodavit, cujus solutionis dies praeteriit, vel pro terra, vel pro equo, vel pro aliis rebus seu catallis quibuscunque sibi venditis: vel pro arreragiis redditus non soluti provementis de ten. vel de aliis contractibus super quibus necesse habet producere sectam vel cartam obligationis, vel talliam oftendere. Audita & intellecta petitione, & etiam ratione petentis, respondeat debitor: quia si recognoscat adjudicetur & levatur de terris & catallis, etc. Si neget debitum, & proferat contra eum obligatio sua oportet scriptum verificari per testes nominatos in oblig. si sint superstites simul cum patria. Et si non sint testes nominati vel si fuerint mortui, verificetur solummodo per patriam: & secundum veredictum patriae procedatur ad judicium. Si quaerens non babet obligationem, sed tantummodo producat sectam vel talliam, poterit pars adversa oftendere se ei in nullo teneri, & hoc defendere per legem, scilicet per proprium Sacramentum cum xij. secum jurantibus, vel per patriam, prout eligere voluerit.  
¶ Contingit aliquis, quod debitor confitetur, quod aliquis debuit ei debitum, & allegat solutionem: tunc oportet oftendere quietantiam de solutione. Vel potuit petens defendere per legem, se nihil recipisse, vel etiam per patriam, etc. Istud bre. de debito non concedat de minore summa quam xl. s. quia de minori debito placitant in com. sine brevi, & per bre.  
¶ De tertio articulo, in quo provisum est breve de Conventione, per quod aliquando petuntur mobilia, aliqua immobilia per vim conventionis initae inter partes, quae legi derogat. Proceslus istius brevis est talis. Inventis pleg. de pros. summonebie reus semel, & si necesse sit secundo. Et si ad secundam sum. non venerit, nec se essoniaverit: audiatur & ratio petentis, & capiat res petita, si sit ten. in manum Domini Regis. Et si s●erit catallum: illud vel ejus valor capiat in manum Domini Regis, & ●etur alius dies. Et si infra xv. dies replegiaverit rem in manum Regis captam & ad diem sibi datum venerit: admittatur ad responsionem & defensionem. Sin autem adjudicetur petenti sua petitio per defaltam, simul cum damnis taxatis, sicut supra dicitur in brevi de debito: & remaneant in mis. Domini Regis: salva semper Regi mis. pro qualibet defalta, ut praedicitur. Audita quaerimonia petentis, & ratione suae petitionis, respondeat defendens: & per affirmationem unius partis & negationem alterius procedi poterit ad inquisitionem. & per inquisitionem patriae poterit negotium terminari. Et sciendum est, quod per breve de Conventione aliqua petitur liberum ten. ut in casu quando aliquis dimittit terram alteri, reddendo inde quandam certam firmam, apposita conditione in scripto conventionis, quod nisi ei fuerit satisfactum de firma: liceat ei terram, quam dimisit, ingredi & ten. si ille, cui terra illa fuerit dimissa, non satisfecerit de forma: & ille, qui dimisit, non habeat potestatem, secundum tenorem scripti sui ingrediendi terram, quam dimisit, propter potentiam sui adversarii. In hoc casu per breve de conventione recuperare debet ten. simul cum damnis. Aliquando cum conveniat inter aliquos, quod unus feoffabit alium de aliquo ten. & ad certum diem ei seisinam faciet, si post modum transtulerit illud ten. in tertiam personam ipsum feoffando, cum non poterit illud feoffamentum per priorem contractum ad effectum non perductum infirmari: Non poterit in isto casu ei, cui sit injuria per breve de conventione subveniri, nisi in hoc tantum, ut satisfaciat ei de damnis in pecunia. Et si in casu competit actio petendi ten. per breve de conventione, & in casu pecuniam seu damna sive ten.  
¶ Et quia infiniti sunt contractus conventionum, difficile esset facere mentionem de quolibet in speciali, sed secundum naturam cujuslibet conventionis per affirmationem unius partis, & negationem alterius partis, aut perveniet ad inquisitionem fac. superfacto negotii, aut perveniet ad eognitionem scriptorum latorum, & secundum illam cognitionem erit judicand. aut negabunt scripta, & tunc perveniet ad inquiren de confectione scriptorum per testes in scriptis nominatos, si fuerint, simul cum propria. Quod si testes non fuerint nominati, vel etiam mortui, tunc solummodo per patriam.  
¶ De quarto articulo, videlicet de transgressionibus personalibus, de quibus provisum est, quod omnes transgressiones, de quibus damna non excedunt xl. s. placitent coram Vic. in com. sine brevi per vad. & pleg. Transg. quae excedunt summa xl. s. placitentur coram Justic. Wall. sub hac forma. Quod antequam Justic. eum audiat, juret quaerens, quod actio sua exced. valor. xl. s. & hoc facto, & pleg invento de pros. praecipiat Justic. vel ballivo, quod in brevi termino fac. venire coram eo eum, de quo fit quaerimonia: Et audita quaerimonia actoris, respondeat reus. Et cum vix in placito transg. evadere poterit reus, quin defendat se per patriam, de consensu partium inquirat veritatem Justic. per bonam patriam. Et inquisita veritate si invenerit reum culpabile: castiget eum per mis. vel per prisonam, vel per redentionem, & per damna laeso restituenda secundum qualitatem & quantitatem delicti. Ita quod castigatio illa sit aliis in exemplum, & timorem praebeat delinquendi. Et quia dictum est supra de consensu partium, contingere poterit, quod reus refutabit inquisitionem patriae. In quo casu si actor transg. sibi factam offerat verificare per patriam, & reus patrlam refutaverit: habeatur pro convicto, & puniatur sicut si convictus esset per patriam.  
¶ Et quia mulieres hactenus non extiterant dotatae in Wallia, Rex concedit quod dotent. Duplex est dos mulieris: una assignatio tertiae partis totius terrae, qui fuit viri sui in vita sua, super quo fiat bre. de rationabili dote, alibi in suo loco cum caeteris brevibus Wall. expressum. Processus istius brevis est talis. Inventis pleg. de pros. sum. deforcians, quod sit ad certum diem, ad quem diem si non venerit, adjudicetur mulieri dos sua sc. tertia par etc. simul cum damnis. Si vo. defendens venerit, admittitur ad responsionem sine visu terrae habendo: & format. petitione mulieris, dicat. tenenti, quod respondeat, si sciat aliquid dicere quare ipsa dotem habere non debeat: qui si nihil sciat dicere, recuperet mulier, ut supra.  
Si forte objiciat, quare non debet dotem habere, co quod nunquam fuit talis quem ipsa vocat virum legit. matrim. copulata: tunc mandabit Episcopo, quod super hoc inquirat veritatem, & inquisita veritate, certificet Justic. Wall. Et secundum certil. Episcopi procedat ad judicium in hac forma. Si Episcopus certificet, quod non fuit legitima, praeclusa erit ei via habendi dotem. Si certificet, quod fuit uxor legit. sum. tenens, quod sit ad certum diem audiendi judicium suum: ad quem diem si non venerit, iterum sum. tenens, quod sit ad alium diem. Ad quem diem sive venerit sive non, nullo esson. allocato recuperet mulier dotem suam, & damna, & sit ten. in mis. salva semper Regi mis. pro defaltis, Si vero objiciat, quod non debet doter habere, eo quod vir suus die quo eam desponsavit, nec unquam postea tenuit ten. unde petit dotem in feodo: ita ut eam inde dotare poterit: hujus rei veritas solummodo per patriam est inquirenda, & per veredictum patriae ad judicium erit procedend. Si objiciatur ei, quod non debet dotem habere, eo quod vir suus commisit feloniam: tunc si constiterit de felonia: dotem non recuperabit. Similiter si objiciatur ei, quod vir suus amisit terram, de qua petit dotem, per judicium, ut illam, in quo jus non habent, hoc convicto per recordum Justic. si dedicatur, coram quibus terra illa fuit amissa, vel per patriam, si in com. vel minore cur. fuit amissa, praeclusa erit sibi via de dote habenda.  
¶ Alia dos est, quando filius dotat uxorem suam de voluntate patris sui. Forma cujus brevis inter caetera invenietur, cujus processus talis est. Summoneatur deforcians sicut in alio brevi de dote, & eodem modo puniatur contumacia sicut in alio brevi de dote. Si vero ad diem sibi●datum venerit, tunc formata petitione mulieris respondeat. Et si dedicatur dotatio facta in dicta forma & consensus dotationis, & convinci poterit per patriam, quod vir dotavit eam ad hostium Ecclesiae de ten. patris sui, & quod pater personaliter, vel per specialem nuncium ad hoc missum consensit illi dotationi: recuperabit mulier dotem & damna.  
¶ Sciendum est etiam, quod in utroque brevi potest tenens vocare ad warrantum per auxilium Cur. & procedetur in placito warrantiae, sicut praedictum est. Sed est differentia in casu isto de dote & in casu superius per Praecipe, ubi terminatur modus procedendi in warrantia: Quia ibi in illo casu petens semper recuperat rem petitam, & tenens de terra warranti ad valentiam dotis petitae. In casu de dote alio modo est, quod tenens tenebit in pace, & mulier habebit de terra warranti ad valentiam dotis petitae, dum tamen tenens habeat de terra viri sui ad valentiam, unde hoc fieri possit alias vero non, De modo dotis aliter assignando, nihil ad praesens: quia aliter usitatum est in Wallia quam in Anglia quo ad successionem haereditatis● eo quod haereditas partibilis est inter haeredes masculos, & à tempore cujus non extiterit memoriae partibilis extitit. 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, fellow, 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 own 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 Custom 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 King's 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 adjoining 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 believed to the King's use: Also the said Lords, or other Officers, shall at the said Sessions make due return of 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 Precedent and two Commissioners) be discharged, and admitted to a fine, to be levied for the King's 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 years 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 Sergeant 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 Welsh 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 Welsh 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, Regan, 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 King's 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, etc. to be reputed members of Brekenokeshire shall be Brekenoke, Crekehowell, Tretoure, Penkelly, English Talgarth, Welch Talgarth, Diane's, the Hai, Glinebogh, Broyulles, Canterbely, Lando, Blainlinby, Estrodew, Buelthe, and Lingroes: Also the Shire-Town shall be Brekenoke, and the Shire Court shall be kept there.  
XVIII. The Lordships, Towns, etc. of Radnorshire shall be New-Radnor, Elish●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 account 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 account before such Auditors, Chamberlain, and Baron, as aforesaid.  
XXII. Justice shall be administered and executed in the Counties of Brekenoke, Radnor, Mountgomery, and Denbigh, according to the Laws and Statutes of England, and such other Customs 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 administered 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 privileged 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, etc. annexed to the County of Hereford, are Ewyas Lacie, Ewyas Harold, Clifford, Winforton, Yerdosley, Huntingdon, Whitney, Wigmore, Logharneis, and Stepluton, whereof Wigmore and Logharneis, with their members, shall be called the Hundred of Wigmore; and Ewyas Lacie, cum membris, the Hundred of Ewyas Lacie: but Ewyas Harold shall be united to the Hundred of Webree in Com. Hereford and Clifford, Winforton, Yerdlesley, Whitney, and Huntingdon, shall be called the Hundred of Huntingdon: Here also the Inhabitants shall be attendant at Sessions, Assizes, and Goal-delivery holden for the County of Hereford; but these Lordships, etc. shall claim no privilege 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 Gloucester, 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 privilege but as Hundreders of the Hundred of Wesebury aforesaid.  
XXVI. Cowerwisney, Bishop's Town, Landaffe, Signithe supra, Signithe subtus, Miskin, Ogmore, Glencothney, Tallagarn, Ruchien, Tallavan, Lamhelthion, Lantwid, Tyerial, Avan, N●th, Land-way, and the Clays shall be guildable, and united to the County of Glamorgan; and Justice shall be administered in Glamorganshire (so united) according to the Laws of England, (as in the three Counties of North-Wales) and not according to the Welsh 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 administered as aforesaid.  
XXVIII. Haverford west, Kilgaran, Lansteffan, Langherne, alias Tellanghern, Walwinscastle, Dewis land, Lanny baddein, Lanfrey, Herbirth, Slebeche, Rosmarket, Castellan, and Lland of Lout shall be guildable, and annexed to the County of Pembroke, wherein Justice shall be administered as aforesaid.  
XXIX. Tregarn, Generglin, Landwy and Vrency shall be guildable, and united to the County of Caraigan, and there also Justice shall be administered 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 Lieutenants, 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 Inquests, and all Affidavits, Verdicts, and Wagers of Law shall be given and done in the same tongue.  
XXXII. None that use the Welsh language, shall have or enjoy any Office or Fees in any of the King's 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 certify such Recognizances, common Mainprize, and Surety of Appearance at every Quarter-Sessions of that County, and the persons so bailed 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 certify such Recognizances, etc. 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 inquire after the Welsh 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 Burrow 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 Burrow, being a Shire-Town, (except the Shire-Town of Merioneth) one Burgess.  
XLII. The said Knights and Burgesses shall be elected, and enjoy like Privileges and Fees, as Knights and Burgesses of England: And the Knight's 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, Murder, 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 Gloucester.  
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 Precedent and Council in Wales and the Marches thereof, with Officers and Incidents thereunto as hath been used, which Precedent and Council shall hear and determine such Causes, as shall be assigned to them by the King, as heretofore hath also been used.  
LIII. Session's 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 King's 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 mixed, 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 inquire, hear, and determine, all criminal offences whatsoever, committed within their several limits, and administer common justice to all the King's 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 days, as hath been used in North- Wales, and notice thereof shall be given (by Proclamation) fifteen days (at least) before they keep the same.  
LXII. Day's 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 King's 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 accountant, 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 Stewards also may hold Leets, law-days, or Court-Barons of the Lordships whereof they are Stewards, and also Pleas by Plaint under 40 s. in every such Courtbaron, 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 inquire 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. Majors, 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 Welsh 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 King's 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 account 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 mixed, 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 sum 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, Concord's and Warrants of attorney 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 entering 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 entering 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 Mainprize.  
LXXXIII. Here also are set down the Fees that the Prothonotaries shall take for Writs, Entries, Judgements, etc. 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 Precedent, 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 Precedent, Council, and Justices aforesaid, or three of them, whereof the Precedent to be one.  
LXXXVI. There shall not be more than eight Justices of Peace in any of the said twelve Shires, besides the Precedent, 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 Precedent, 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 entering 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 certify Recognizances taken before any of them for the Peace and good Abearing into next Sessions; but Recognizances taken before them for suspicion 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 Precedent, Council, and Justices of Wales, or three of them at least, (whereof the Precedent to be one) shall yearly nominate three able Persons in every of the said twelve Shires, to be Sheriffs thereof, and shall certify their names to the Lords of the Privy Council Craft. 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 Precedent and Justices, or one of them, by a Dedimus, for the due execution of their Offices, and for their just account before the King's 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 Precedent, 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 Precedent, Council, and Justices of Wales, and shall obey the King's 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 Precedent, Council, or three of them, whereof the Precedent to be one; which Escheators shall make oaths, and acknowledge Recognizances before the Precedent; 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 Precedent, Council, and Justices, or three of them, (whereof the Precedent 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 entering 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. Sheriff's 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 suspicious persons under common Mainprize, 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 certify the names of the parties so bound, without concealment.  
CVI The Sheriffs Fee for taking such common Mainprize 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 Precedent, Council, and Justices, or three of them, whereof the Precedent 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 King's Writ, with a transcript of the Record, unto the Justice of the County where the matter is tryable, commanding him to proceed to the trial thereof, according to Law, which trial 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 trial thereof in such County of Wales, where they are so pleaded or made, such foreign 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, Gloucester, 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, etc. 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 lawful for all persons to alien their Lands, etc. 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 Welsh 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 King's 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 Precedent, Council and Justices, or three of them, whereof the Precedent to be one.  
CXVII. Where there shall be some Suits in Pleas personal, which cannot be well tried before the Justices in the great Sessions, for shortness of time, such Issues may be tried 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 tried 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 Murder 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 Precedent, Council, or Justices therewith, in pain of Imprisonment and grievous Fine at the discretion of the Precedent, Council, and Justices, or two of them, whereof the Precedent 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 lawful claim, such person shall continue the same, until they be recovered from him by Law or Decree of the Precedent 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 tried out, in that Case the Sheriff may return other names de circumstantibus, until the Jury be full, as is used in North- Wales, and elsewhere in such Cases.  
CXXII. No sale of Goods or  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  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 Precedent and Council, or any of the Justices in his Circuit, and to answer it at his further peril.  
CXXIV. If any Goods or Cattles be stolen 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 lawful 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 King's 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 King's 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 lawful title thereto.  
CXXX. Errors and Judgements before any of the Justices in their great Sessions, in Pleas real and mixed, 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 reform by Bill, before the Precedent and Council, and if the Judgement be affirmed good, in any of the said Writs or Bills, than there to make Execution, and all other Process thereupon, as is used in the King's 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 King's 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 King's Farmer of the Subsidy and Aulnage of   in the County of Monmouth, and the other twelve Counties of Wales, shall take for sealing such  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 itself, 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 Privileges; 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 man's 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 Duchy 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 proceed 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 enrolled 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 enrolled) as the same so remaining are or aught 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, misreturning, 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 certify them or any of them, shall with the Certificate of the Concord or Warrant of Attorney, certify also the day and year, wherens the same was acknowledged, but shall not be enforced to certify 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 entered 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 entered shall be void, without Writ of Error or other means to avoid it.  
CLXVII. There shall be in the said places an office of Inrolments erected 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 needful 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 itself.  
CL. The Justice's 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, mixed and popular, and the last Peremptory. Rule 4.  
After Pleas one Rule for Replication, etc. Rule 4.  
Amerciament where it shall be upon Nonsuit, 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 join, 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, etc. 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, etc. received not the Debt, nor any part thereof, nor his Testator, to his knowledge, in his life-time, etc. 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.  
Nonsuit 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. etc. from inferior Courts to the great Sessions, the Defendant appearing, and the Plaintiff Nonsuited, 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 appear, and three to plead. Rule 10.  
Scire facias none to be allowed upon a Judgement of ten years standing without motion, unless it contained by Process. Rule 10.     

THE TABLE TO THE Rules in Chancery.  


A.  
APpearance after Subpoena to Answer is served, must be before the sitting of the fourth Court, or Attachment to issue. Rule 1.  
Appearance must be entered whether the Defendant appear in Person or by Attorney. Rule 1.  
Answer, Plea, or Demurrer, must be put in before the sitting of the fourth Court, or an Attachment to issue. Rule 2.  
Alias Attachment to issue upon Return of the first, and upon return of that a Proclamation. Rule 2.    


B.  
Bills to be filled against Parties served within three Courts after Appearance, or else a Dismission of Course, with Costs of 6 s. 8 d. Rule 3.    


C.  
Contempts to be cleared before Answer be received after Attachment regularly issued forth. Rule 2.  
Costs, Bills of Costs to be indifferently taxed by the Register if Attorneys differ. Rule 6.  
Costs for not putting in Exceptions or Reply, is 13 s. 4 d. Rule 3.  
Costs. v. Bill Regula. Rule 3.  
Costs to be taxed upon References on Contempts, etc. by the Register. Rule 8.    


E.  
Exceptions, or Reply to be filled within four Courts, or else the Defendant to be dismissed of Course, with 13 s. 4 d. Costs. Rule 3.    


I.  
Interrogatories the same to be administered to Witnesses to be examined before the Register, as upon common Return, without alteration, unless upon order of Court. Rule 4.  
Interrogatories upon Contempts to be put in within three days. Rule 8.    


M.  
Motions in Court notice to be given of them. Rule 7.    


N.  
Notice to be given of motion in Court to the Attorneys of the other side, otherwise to be of no effect, and the last Rule to be produced upon every motion. Rule 7.  
Notice to be given to the other side upon Appearance on Contempts, and Interrogatories to be put in within three Courts, or else the party to be discharged. Rule 8.    


P.  
Publication after Witnesses examined to pass of course, unless motion in Court be made to the contrary second Court on Wednesday in the Session's week. Rule 5.  
Proclamation to issue upon Return of an alias Attachment. Rule 2.  
Process to hear Judgement not to issue if Parties be present at the Sessions, or their Attorneys, otherwise if absent. Rule 5.    


R.  
Reference upon Examinations on Contempts within three Courts, or else the Party to be discharged. Rule 8.  
Reply, v. Exception Regula. Rule 3.    


S.  
Subpoena none to issue into a Foreign County without order of Court. Rule 1.  
Sequestration not to issue without motion in Court. Rule 2.    


W.  
Witnesses may be examined before the Register at any time before Publication, upon notice by either Party, but upon no notice given to be suppressed. Rule 4.   
FINIS.    

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