Page:The statutes of Wales (1908).djvu/153

A.D. 1284] prosecute, the Debtor and defendant shall be summoned to be before the Justice at a certain day, at which, if he come not, he shall be summoned again, and if, at the second day he come not, nor essoin himself, the debt shall be adjudged to the plaintiff by default, together with damages at the discretion of the Justice, or by the inquest of the country at the will of the Justice; and the Debtor shall abide in the King's mercy, reserving always to the King the amerciaments for every default. But if the Debtor appear the plaintiff must then declare his demand, and the cause of his demand; that is to say, if he is indebted unto him in an hundred marks, which he lent him, the day of payment whereof is passed; or for land; or an horse; or for other goods or chattels whatsoever sold to him; or for the arrears of a rent in not going out of tenement; or upon other contracts; whereupon he must produce his suit, or shew the deed of obligation or tally: The demand being heard and understood, and also the declaration of the plaintiff, the Debtor shall answer thereto; and if he acknowledge the debt, judgment shall be given against him, and it shall be levied of his goods and chattels &c. If he deny the debt, and his bond be brought forth against him, the writing must be verified by the witnesses named in the bond, if they be living, together with the jury, and if there be no witnesses named, or if they should be dead, it shall be verified by the jury only; and according to their verdict shall judgment be awarded. But if the plaintiff have not a bond, but produce his suit only, or a tally, the adverse party may deny that he is indebted to him in anything, and make his defence by wager of law, that is, by his own oath, and eleven others swearing with him, or by the country, at his election. It happeneth sometimes that the Debtor confesseth that he did once owe the debt, and allegeth payment thereof. In this case he must shew a quittance of the payment; or else the plaintiff may deny by wager of law that he hath received aught, or likewise by the country &c. This Writ of Debt shall not be granted for a less sum than forty shillings; for of a less debt the plea shall be in the County Court, either with Writ or without.

X.

Concerning the third article; in which there is provided the Writ of Covenant, whereby sometimes movables are demanded, and