or the tenement. And for that contracts in covenants are infinite it would be difficult to make mention of each particular; but according to the nature of each covenant by the affirmation of the one party and the denial of the other, it will either come to be tried by inquest upon the fact; or it will come to an acknowledgement of the writings brought unto judgment, and according to that acknowledgement judgment will be awarded; or the writings will be denied; and then it will come to an inquiry into the making of the writings by the witnesses named in the writing, if there be such, together with the jury: and if there should be no witnesses named, or they should be dead, then by the jury only.

XI. CONCERNING THE FOURTH ARTICLE, TO WIT, PERSONAL TRESPASSES:

Whereof it is provided that all trespasses wherein the damages do not exceed forty shillings shall be pleaded before the Sheriff in the County Court without Writ by gages and pledges: trespasses that exceed the sum of forty shillings shall be pleaded before the Justice of Wales after this manner: The plaintiff, before he be heard by the Justice, shall swear that his demand exceedeth the sum of forty shillings; and this being done, and pledges to prosecute found, the Justice shall command the Sheriff or bailiff of the place that he cause to come before him within a short term, him of whom complaint is made; and the plaintiff's complaint being heard, the defendant shall make his answer: And since in a plea of trespass the defendant can hardly do otherwise than make his defence by the country, the Justice, by consent of parties, shall make inquiry of the truth by lawful inquest, and that inquiry made, if he find the defendant guilty, he shall punish him by imprisonment or by ransom or by amerciament, and payment of damages to the injured party, according to the quality and the quantity of the offence: So that this punishment be for example to others, and make them fear to offend, and whereas mention is made above of the consent of parties, it may happen that the defendant will refuse the trial by the country; in which case if the plaintiff offer to verify the trespass done unto him by the country, and the defendant refuse the same, he shall be taken for convict, and shall be punished as though he were convict by the country.

XII. OF Dower.

And whereas heretofore women have not been endowed in Wales, the King granteth that they shall be endowed. The dower of a woman is twofold: one is an assignment of the third part of the whole land that belongeth to her husband which were his during coverture, whereof there lieth the Writ of Reasonable Dower elsewhere described in its place, with the other Writs for Wales. The proceeding in this Writ is thus: There being found pledges to prosecute, the deforciant shall be summoned to appear at a certain day, at which, if he come not, he shall be summoned again; at which day, if he come not the woman shall have her dower awarded unto her; that is to say, the third part &c. together with damages, &c. But if the defendant appear he shall be received to answer without having a view of the land; and the woman's demand being made, the tenant shall be directed to answer if he can allege anything wherefore she ought not to have her dower; and if he can allege nothing, the woman shall recover, as above. If he should object that she ought not to have her dower because she was never espoused in lawful matrimony to him whom she calleth her husband, then the Bishop shall be charged to make inquiry of the truth thereof: and that inquiry made, he shall certify it to the Justice of Wales. And according to the Bishop's certificate shall the proceeding to judgment be, after this manner : If the Bishop certify that she was not the lawful wife she shall be foreclosed of her action of dower; if he certify that she was the lawful wife the tenant shall be summoned to appear at a certain day to hear his judgment; at which day if he come not, he shall be summoned unto another day, at which day, whether he come or not, there being no essoin allowed, the woman shall recover her dower and damages, and the tenant in mercy. Saving always to the King the amerciaments for default. But if he object that she ought not to have her dower because her husband did not hold the tenement whereof she demandeth dower, either on the day when he married her or at any time after, in fee, so that he can thereof have endowed her, the truth of this fact is to be inquired of by the country only, and according to their verdict shall the judgment be awarded. If it be objected unto her that she ought not to have her dower because her husband committed felony, then if the felony be proved, she shall not recover dower. So if

it be objected unto her that her husband lost the land whereof she demandeth dower, by judgment, as that whereunto he had not right; if this be denied, and be proved by the record of the Justices before whom that land was lost, or by the country if it were lost in the County, or inferior Court, she shall be precluded from having her action of dower.

The other dower is when a son endoweth his wife by the assent of his father; the form of the Writ whereof is to be found among the rest; wherein the proceeding is after this manner: The deforciant shall be summoned as in the other Writ of Dower, and in like manner his contumacy shall be punished as in the other Writ of Dower; but if he come at the day given him then the woman's demand being made he shall answer thereto; and if the endowment made in the said form and the consent of the dower be denied, and it be established by the country that the husband did endow her, at the Church door, of his father's tenement, and that the father in his own person or by a special messenger therefor sent did consent to that dower, the woman shall recover her dower and damages. It is also to be known that in either Writ the tenant may vouch to warranty, with the aid of the Court, and the proceeding in the plea of warranty shall be as is before directed; but there is a difference between this case of dower and that above, by præcipe, where the mode of proceeding endeth in the warranty; because there the demandant in that case always recovereth the thing demanded, and the tenant, out of the land of the warrantor to the value: In the case of dower it is otherwise, because the tenant will keep his land in peace, and the woman will have to the value of her dower demanded, out of the land of the warrantor. Provided that the tenant hath of the land of her husband to the value whereby this may be done, but if otherwise not. Concerning other assignment of dower there is nothing said for the present.

XIII. INHERITANCE BY THE LAW OF WALES.

Whereas the custom is otherwise in Wales than in England concerning succession to an inheritance inasmuch as the inheritance is partible among the heirs male, and from time whereof the memory of man is not to the contrary hath been partible, our Lord the King will not have that custom abrogated; but willeth that inheritances shall remain partible among like heirs as it was wont to be; and

partition of the same inheritance shall be made as it was wont to be made; with this exception, that bastards from henceforth shall not inherit, and also shall not have portions with the lawful heirs nor without the lawful heirs; and if it happen that any inheritance should hereafter upon the failure of heir male descend unto females, the lawful heirs of their ancestor last seised thereof, We Will of our especial Grace that the same women shall have their portions thereof to be assigned them in our Court, although this be contrary to the custom of Wales before used.

XIV. MODE OF TRIALS.

And whereas the people of Wales have besought us that we would grant unto them, that concerning their possessions immovable, as lands and tenements, the truth may be tried by good and lawful men of the neighbourhood, chosen by consent of parties; and concerning things movable, as of contracts, debts, sureties, covenants, trespasses, chattels, and all other movables of the same sort, they may use the Welsh Law whereto they have been accustomed; which was this: that, if a man complain of another upon contracts or things done in such a place that the plaintiff's case may be proved by those who saw and heard it, when the plaintiff shall establish his case by those witnesses whose testimony cannot be disproved, then he ought to recover the thing in demand, and the adverse party be condemned; and that in other cases which cannot be proved by persons who saw and heard, the defendant should be put to his purgation, sometimes with a greater number, sometimes with less, according to the quality and quantity of the matter or Deed: and that in theft, if one be taken with the mainour, he shall not be admitted to purgation, but be holden for convict: We, for the common peace and quiet of our aforesaid people of our land of Wales, do grant the premises unto them: yet so that they hold not place in thefts, larcenies, burnings, murders, manslaughters and manifest and notorious robberies, nor do by any means extend unto these; wherein we will that they shall use the Laws of England, as is before declared.

And therefore we command you that from henceforth you do steadfastly observe the premises in all things. So notwithstanding that whensoever and wheresoever, and as often as it shall be our pleasure, we may declare, interpret, enlarge, or diminish the afore

said Statutes, and the several parts of them, according to our mere will, and as to us shall seem expedient for the security of us and of our land aforesaid. In witness whereof our seal hath been affixed to these presents. Given at Rothelan on Sunday in Mid Lent in the twelfth year of our Reign.

AN ORDINANCE CONCERNING THE CUSTOMS OF WEST WALES AND SOUTH WALES.

The King to all to whom these presents shall come, greeting. Know ye that, whereas in our present parliament, called together at Lincoln, on behalf of our beloved and faithful men of the parts of West Wales and South Wales certain petitions had been presented to us, concerning the removal of certain grievances heretofore brought upon them, as they represent, by our officers of those parts, beyond our knowledge, and concerning the granting of certain favours by us.

We, being minded to do away with undue grievances, and in the desire to confer more ample favour upon our aforesaid lieges, for that we were born in the country of Wales, also because those whom their place of birth especially associates with loyalty to their king will render themselves more inclined and more ready to obey us the larger the favours with which we shall have approached them, have thought proper of our special grace, for their greater tranquility and convenience, that what is written below shall be granted to them.

To wit, that the custom which is called Amobragium henceforth be not exacted except within a year from the time of the offence in respect of which the said custom ought to be paid becoming known, but so that if within the year so mentioned it is demanded, though it be permitted to remain unpaid during that year, yet after the completion of that year it be paid in full, and henceforth only be levied in those cases in which in the time of the princes of Wales it was wont to be levied. And that the goods of freemen of those parts be not taxed by our officers where the goods of our own villeins and the goods of spadones and men of the Avowry are sufficient; but we will in the first place that the goods of our