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Trial by wager



soners within some convenient place of the castles of the shire-towns XXVIII. where he is sheriff, or in such other convenient place, as by the said 34 & 35 II. president, council and justices, or three of them, whereof the said preVINI. c. 26. sident to be one, shall be appointed : any patent or grant heretofore

made to any person or persons of the constableship or keeping of any of A gaol to be

the said castles in any wise notwithstanding. And that the sheriff shall provided by the make the bailiffs of the hundreds, and they to attend upon the justices sheriffs and in every of their courts and sessions. bailiffs of the LXXII. Provided always, That the constables of the King's castles hundred. within every of the said shire-towns of Wales shall not be charged with

the gaols, and of all the prisoners that shall be committed to their ward, like as they have heretofore been, until such time, convenient places for

that purpose be assigned to the said sheriff. County courts,

LXXIII. Item, The said sheriffs shall keep their counties monthly, hundredcourts. and their hundred courts for pleas under xl.s. as is used in England;

and shall take for the entering of plaints, process, pleas and judgments in the said shire-courts and hundreds, such small'fees as is used to be taken in shires and hundreds in England, and not above.

LXXIV. Item, That all manner of trials before them in their said of law of six courts, or before any stewards in court barons, shall be by wager of law,

or verdict of six men, at the pleasure of the party plaintiff or defendant

that pleaded the plea. Sheriffs' torns. LXXV. And that every of the said sheriffs shall keep and hold their

torns yearly after Easter and Michaelmas, as they have been used in

England. Fines forfeit in LXXVI. Item, The King's highness shall have all manner of fines, torns, &c. issues, amerciaments, and forfeitures lost or forfeited in any of the said

counties, hundreds, courts, and torns, to his own use, and the sheriff to

a ccount for the same accordingly. The estreats LXXVII. Item, That the estreats of the said torns, counties and hunafferred by the dreds shall be viewed, and the fines issues and amerciaments afferred by justices of as- the said justices of assizes of that circuit, before the levying of the same

amerciaments or other forfeitures; and that no sheriff, or any of his officers, presume to gather or levy any such amerciament, or other forfeiture, before the said estreat be so afferred, upon painto forfeit to the

King's use xl.s. And that the sheriff upon every judgment had before The sheriff may


in his county or hundred court, in any plaint under xl.8. shall and award execu- may award a capias ad satisfaciendum, to arrest the party condemned, or tion.

else a fieri fac' at the liberty of the party pursuant. Sheriff's fees LXXVII. Item, That all bills sued before the said justices in personal for executing actions, whereof the debt, duty or damage is under xl.s the sheriffs shall several writs. have for the return of every bill ij.d. and every venire fac', tales, habeas

corp', and distr' ij.d. and for writs of execution upon the judgment in

any such bill, xij.d. Bills sued be- LXXIX. Item, In bills sued before the said justices in actions personal fore the jus- above the sum of xl.s. the sheriff shall have, for the return of every such tices.

bill iv.d. and for the return of every venire fac', habeas corp', distr' and tales, iv.d. and for every writ of execution ij.s. And in all personal actions sued by original writs returnable before the said justices, the sheriff shall have for every iterum sum' distr' and alias distr', iv.d. and for every venire fac", habeas corp', distr' and tales, vj.d. and for every writ of execution to be executed upon the judgment in such actions, ij.s. For the serving of every writ of elegit, vj.s. viij.d. And in all real actions, or mixt, pursued before the said justices by original writ, for return of every original, ij.s. and for the return of every other writ and judicial process depending upon the same, before judgment, ij.s. and for every writ of executiou after judgment, upon every original, in actions real or mixt, ij.s. and for the serving of every writ of haberi fac' seisinam, vi.s.

viij.d. Attachments LXXX. Item, For attachments upon capias, or other process sued or other pro- before the said justices by original or judicial writ, if he return cepi cess sued by

corpus, ij. s. and for a reddit se, upon an exigent of felony, in appeal of original, &c.

murder or maim, or upon any indictment of felony or murder, ij. 8. and


upon a reddit se, upon an exigent of debt, trespass, detinue, and all other No. actions personal i. s. and for the making of replegiar' i. 8. and withernum

XXVIII. upon the same is. For the return of every writ of appeal of murder or

34 & 35 H. feloay, or maim, i. s. and upon all other process grown upon the same,

VIII. C. 26. as renire fae', tales, habeas corp' and distr, i. s. and in every action taken before the sheriff by justicies, for the summons thereof, iv.d. and for every other process thereupon, iv.d. and for every prisoner delivered by acquittal, or by proclamation, for any manner of felony, i. s.

LXXXI, Item, That every sheriff, within the limits of his authority, Suspect per may and shall put such persons under common mainprize, as they have sons may be put reasonable cause of suspect, according to the said Act made for Wales, under common binding such as they shall so put to common mainprize with two suffi. mainprize. cient sureties with them, by recognizance, to appear before the said justices within the limits of their authorities, at the next great sessions, to be holden next after the taking of such bonds, and shall certify the names of them that be bound, before the said justices at the said sessions accordingly, without concealment thereof, at their pleasure.

LXXXII. Item, That every person that the sheriff taketh to common Sheriffs fees for mainprize, to appear before the said justices as is aforesaid, shall pay common mainfor his mainprize ij.d. and not above; and the said sheriffs to put no prize, and servman to common mainprize but such as be suspect, and as shall be ing of writs. returned by them before the said justices at their sessions as is aforesaid. And also the said sheriff shall have, for the return of a writ of false judgment, out of a base court, before the said justices, ij. s. and that the said sheriffs shall take no manner of fees for the return of any of the said writs of execution afore expressed, unless he return the same executed.

LXXXIII. Item, That in all and every such writs, original or judicial, Fees shall be or other process, pleas or writings, which be not expressed in this ordi- rated, augnance, the fees thereof, as well for the seals as writing, shall be rated by mented and the said president, council and justices, or three of them, whereof the diminished by said president to be one, by their discretions from time to time, as the the president,

council and case shall require; and that they shall have full power and authority

justices. from time to time to assess and appoint what fee the said sheriffs, escbeators and coroners, and their ministers, prenotaries and their clerks, and other ministers of justice in the said shires, shall have, take and receive of the King's subjects, for any manner writs, plaints, pleas, process, returns, or any other matter or thing concerning or belonging to the execution of their offices and rooms, and to augment or diminish any fee or fees above declared, as shall be thought by their discretions to be convenient and meet for the commonwealth of the King's subjects of those parts of Wales; any thing contained in this Act to the contrary thereof notwithstanding.

LXXXIV. Item, That from henceforth no manner of person or per- No felon put to sons, for murder or for felony, shall be put to his fine, but suffer ac- hisfine, but may cording to the laws of the realm of England, except it please the King's be reprieved. Majesty to pardon him or them; and if the said justices see cause of pity, or other consideration, they may reprieve the prisoner till they have advertised the King's Majesty of the matter.

LXXXV. Ilem, That the Act made in the Parliament holden in the A confirmation twenty-sixth year of the most royal reign of the King's Majesty, con- of 26 H. 8. c. 6. cerning (among other things) inquisitions and trials of counterfeiting, concerning inwashing, clipping and minishing of the King's coin, murders, felons and quiry of ofaccessaries to the same, perpetrated or done within Wales, to be had, fences done in made and determined in the next shire or county within England Wales in the adjoining, where the King's writ runneth, and every article therein con

counties next tained, shall stand in his full strength and force, according to the tenor

adjoining. and effect of the same; any thing in this said ordinance, or any other Act, cause or matter heretofore had or made to the contrary thereof notwithstanding.

• LXXXVI. Ånd albeit the same Act as yet was never put in execution for any of the said offences heretofore done or committed • within any of the said three shires of North Wales; that is to say, the • counties of Anglesey, Caernarvon, and Merioneth,' be it now declared

No. and enacted by the authority aforesaid, that the said Act, and every XXVIIT.

article therein contained, shall from henceforth take effect, and be exe34 & 35 H. cuted in all points for and concerning any of the said offences perpeVIII. c. 26.

trated and done, or that hereafter shall be perpetrated or done, within the said county of Merioneth, to be enquired of, heard and determined within the county of Salop, in like manner and forin as commonly is and hath been used for any of the same or like offences committed or done within any other county of South Wales ; any matter or cause heretofore

risen or grown to the contrary thereof notwithstanding. Abertannad an- LXXXVII. Item, That the town or hamlet of Aberlannad, and all the nexed to Salop: grounds and the soil within the same, which afore this time hath been and within the taken, reputed and used as parcel of the said county of Merioneth, shall hundred of Oswestre,

from the feast of Easter next coming, by virtue of this Act, be united, annexed and made parcel of the said county of Salop; and so from thenceforth to be reputed, taken and used for ever, and not to be of any other shire or county of Wales; and that the same town or hamlet, and all the ground and soil within the same town or hamlet, be from and after the said feast accepted and taken as part and parcel of the hundred of Oswestre; and that the inhabitants thereof from the said feast shall be attendant, and do every thing and things with the inhabitants of the said hundred of Oswestre, as the same inhabitants do or be bound to do; any

laws or customs to the contrary thereof notwithstanding. Foreign plea of LXXXVIII. Item, In case any foreign plea or voucher be hereafter voucher triable pleaded or made before any of the said justices of Wales, between party in any other

and party, triable in any oiher shire within Wales, than where the same shire in Wales plea is pleaded or voucher made ; that then the said justices, afore or England.

whom the same plea or voucher is or shall be pleaded or made, shall and may send the King's writ, with a transcript of ihe record mentioning the same foreign matter of plea or voucher, under the seal to him committed, unto the justice of the county where the same matter is or shall be triable, commanding the said justice, by virtue of the said writ, to proceed to the trial thereof according to the King's laws and statutes ; which trial so before him had, he shall remand with the whole record unto the justice before whom the said plea or voucher was pleaded or made, who thereupon shall proceed to judgment, as the case shall require.

LXXXIX. Item, In case the same foreign plea, voucher or other matter so pleaded, be triable within this realm of England, that then in every such case the justice, afore whom the same plea or voucher is or shall be pleaded, had or made, shall and may proceed to the trial thereof, as shall appertain, within the same sbire of Wales, where the same plea, voucher or matter was pleaded; the said foreign plea, voucher, or any

other thing or matter to the contrary thereof notwithstanding. No rumours, XC. Item, That no manner of person or persons from henceforth, withtumults, un- out lawful authority, shall make any rumours, tumults, unlawful assemlawful assem- blies or outcries at any of the said courts or sessions, nor any outcries and blies or out

unlawfulassemblies in great numbers at any other time or times, except it cries shall be in Wales.

be for the apprehension or pursuing of murtherers or felons; upon pain of imprisonment and grievous fine to be taxed and set upon them by the said president and council, or by the justices or other officer before

whom such misdemeanor shall happen to be committed. All lands in XCI. Item, That all manors, lands, tenements, messuages and other Wales shall be hereditaments, and all rights and titles to the same, in any of the said English tenure, sbires of Wales, descended to any manner person or persons sith the

feast of the nativity of St. John Baplist in the thirty-third year of our able.

said Sovereign Lord's reign, or that hereafter shall descend, be taken, enjoyed, used, and holden as English teoure, to all intents, according to the common laws of this realm of England, and not to be pårtable among heirs males, after the custom of Gavelkind, as heretofore in divers parts of Wales hath been used and accustomed. And that the same law, from and after the said feast of St. John Baptist, in the said thirty-third year, be used, taken, and exercised in the said county of Monmouth, and in all such lordships and other places as by virtue of the

and not part

said Act made in the said twenty-seventh year, or by any other Act or No. Acts made or to be made, were and shall be annexed, united, or knit to

XXVIII. any of the shires of Salop, Hereford, Gloucester, or other shire; any laws,

34 & 35 H. esages, or customs heretofore had or used to the contrary thereof notwithstanding.

27 H. 8. c. 26.

VIII. c. 26. XCII. Item, That no mortgages of lands, tenements, or hereditaments made or had after the said feast of St. John Baptist, which was in the Mortgages of said thirty-third year of the reign of our said Sovereign Lord, or that lands in Wales. hereafter shall be had or made within any of the said shires or places, shall be hereafter allowed or adınitted, otherwise than after the course of the common laws or statutes of the realm of England; any usage or custom heretofore had to the contrary thereof notwithstanding.

XCIII. Item, It shall be lawful to all persons to aliene, sell, or other. All persons wise put away their lands, tenements, and hereditaments within the said may sell their couotry or dominion of Wales, the county of Monmouth, and other lands, or deplaces annexed to any of the shires of England, from them and their mise them after beirs, to any person or persons in fee-simple or fee-tail, for term of life, the manner of or for terın of years, after the manner and according as is used by the England. laws of the realm of England; any Welsh law or custom heretofore used in the said country or dominion of Wales to the contrary thereof notwithstanding. This article to take effect from and after the said feast of the nativity of St. John Baptist, which was in the said thirty-third year of our said Sovereigo Lord's reign.

XCIV. Item, If any person or persons having lands or tenements Persons having within the said dominion of Wales, been or hereafter shall be bound lands in Wales within the realm of England, by obligation upon the statute of the bound by stastaple, or by recognizance, and pay not the debt as shall appertain, that tute inEngland. then upon certificate thereof made unto the King's Chancery of England, by the clerk of the staple, or by any justice of record before whom such recoguizance shall be knowledged, process shall be made to the sheriffs of Wales out of the Chancery of England after the form as is used to be made upon statutes and recognizances, by the course of the laws of England, for the due levying and paying of the said debt.

XCV. Provided always, and be it enacted by the authority aforesaid, Recognizances That for such recognizances as be or hereafter shall be taken and know- taken in the ledged before the King's justices of his Highness bench or common- King's Bench place in England, process shall be had and pursued immediately out or Commonfrom the said justices, as is used upon recognizances taken before the place. said justices by the common course of the laws of England.

xčvi. Item, That all such writs, bills, plaints, pleas, process, chal- Writs, bills, lenges and trials shall be used throughout all the shires aforesaid, before plaints, &c. the said justices in their sessions, as is used in North Wales, or as shall be devised by the said president, council and justices, or three of them, whereof the said president to be one, for the good ministration of justice to be had in every of the said shires.

• XCVII. Item, Where the lordship of Hope, with divers other lord- 33 H. 8. c. 13. *ships, parishes, towns and hamlets, were by an Act of Parliament made * in the thirty-third year of the reign of our said Sovereign Lord ap: pointed and translated from the said county of Denbigh to the county of Flint, and by the saine Act were made part, parcel, and members of • the same county of Flint, afore which appointment or translation • divers indictments and presentments, as well of felony as other offences, * were had and taken for the King's Highness, before the justice of "the said county of Denbigh, in the great sessions there, and some before 'the justices of the peace within the same county, for offences supposed to be done within divers of the said lordships so translated, and also divers judgments given at the suit of the parties before the said jus. * tices; and some before the sheriff of the said county of Denbigh, for

matters risen and grown within the precinct of the said lordships or * other places, before the translation of the same:' It is now ordained Indictments or and enacted, that all the said indictments and presentments shall be presentments heard, tried and determined within the said county of Denbigh, by per- made for suits sons as well of the said lordship or place where the said offences were depending in VOL.- IV. E

lordships that

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No. done or committed, as of other place or places within the said county of
XXVIII. Denbigh, in manner and form, as though the said translations bad never
34 & 35 H. been had ne made: And also that the said judgments as before given or
VIII. c. 26.

had between party and parties, before any justice of record or other
officer within the said county of Denbigħ, for any matter or cause,

appearing by the record of the same to be grown and risen within any of were removed

the said lordships, parishes, towns, ur hamlets so translated, shall and
from one coun-
ty to another.

may be executed by the sheriff of the said county of Denbigh within any
of the same lordships, or other place so translated ; the said trans-
lation, or any other cause or matter to the contrary thereof notwith-

XCVIII. Item, Like law and order to be kept and ministered upon all
other like translations of any other lordships, manors, towns, parishes,
and other places within Wales, had, made, or done in this present Par-
liament, or any other afore or after the same translations, or any other

cause or matter to the contrary thereof notwithstanding.
Suits tried at a XCIX. Item, Where there shall be divers and many suits taken before
petty sessions. the said justices in pleas personal, which (as it is thought) cannot be

tried before them in the time of the said great sessions, for brevity of
time: Therefore, and for the speedy trial of these matters, the issues
taken in the said suits shall and may be tried at a petty sessions, before
the deputy justices there, as is and hath been used in the said three
shires of North Wales; except such of the said suits, as by the discretion

of the said justices shall be thought necessary to be tried before them-
No suit by bill selves, within their limits; and that there shall be no suit taken before
under xxs. any of the said justices by bill, under the sum of twenty shillings.
No agreement C. Item, If any murder or felony hereafter be committed or done
shall be made within Wales, that then the party or parties to whom any such offence
with a felon

shall hap to be committed, shall in no wise make any end or agreement without con

with the offenders in that behalf, nor with any other in his name or sent of the pre- behalf, unless the said party first make the said president and council, or sident, &c.

one of the said justices, privy unto the same, upon pain of imprison-
ment, and grievous fine to be set and adjudged ai the discretion of the
said president, council and justices, or two of them, whereof the said
president to be one; the same pain and penalty to extend as well to and
against such as shall labour, move, or procure any such end or agree-
ment made, although the same labour, motion, or procurement never
take effect, to make any end or agreement, as against him or theni with
whom such end or agreement shall be made, if the same happen to take

effect. 32 H. 8. c. 20.

. CI. Item, Where divers lordships marchers, as well in Wales, as in the borders of the same, now being by Act of Parliament annexed to * divers shires of England, be lately come to the King's hands by suppression of houses, by purchase or attainders, and now be under the survey of the court of augmentations, or of the King's general surveyors, the liberties, franchises, and customs of all which Iordships be

lately revived by Act of Parliament made in the thirty-second year of Franchises of

his most gracious reign; nevertheless his Majesty willeth and comlordships in

mandeth, that no other liberties, franchises, or customs shall from Wales, and the henceforth be used, claimed, or exercised within the said lordships, por marches of the

any other lordships within Wales, or the county of Monmouth, who-
soever be lord or owner of the same, but only such liberties, franchises
and customs, as be given and commanded to the lords of the same lord-

ships, by force and virtue of the said Act of Parliament made for Wales, 27 H. 8. c. 26. in the said twenty-seventh year of his grace's reign, and not altered ne

taken away by this ordinance; the said Act made in the said thirty-
second year, or any other Act, grant, law, or custom to the contrary

thereof notwithstanding. Peaceable pos

CII. Item, That if any person or persons, their ancestors, or they whose session of lands estate the same person or persons have or bath, in peaceable possession five years.

of any lands or tenements in Wales, by the space of five years, without
let, interruption, or lawful claim: That then the same person or persons
shall still continue their possession, until such time as it shall be law-




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