Page:The statutes of Wales (1908).djvu/40

xxxvi Trespasses were punishable by fines, payment of damage, imprisonment, the trespasser being tried by his "country," that is, by his neighbours.

A woman's right to dowry had not been recognized in until this Statute. It was then introduced, and a woman's dower was said to be twofold,—(a) where there was an assignment of the third part of the whole land belonging to the husband which was his during her coverture, and (b) when a son with his father's assent endowed his wife. The writ of reasonable dower was provided for cases under (a).

Trials relating to real property were always to be before a jury of good and lawful men of the neighbourhood, chosen by consent of the parties, and those relating to personal actions were to be according to the laws, as the people of  had been accustomed. Under the laws, in personal actions the evidence of witnesses was relied upon, but if no such evidence was procurable, then testimony by "purgation" was resorted to.

But it was expressly enacted that in criminal cases the English laws were to be followed and used.

The 13th section of the Statute of regulates the very important question of the division of landed property at death. Herein policy of recognizing and perpetuating the ancient laws and customs of the  is shown. The rule of law was that the inheritance, at the death of the head of the family, became equally divided among the male children—a custom which is termed "gavel-kind" in English law. It therefore differed from the general English custom of primogeniture. The Statute enacted that in the inheritance was to be divided equally among the heirs male, as it was wont to be "from the time whereof the memory of man is not to the contrary." Two alterations in the law were made for (a) bastards were not to share with the lawful heirs or inherit, and (b) upon the failure of male heirs the inheritance,