by the authority of the same, enacted, ordained and established, That if and whensoever any writ of exigent, at any time after the first day of April next coming, shall be awarded at the suit of the King, or of any other person or persons, plaintiff or plaintiffs in any action or suit in any of the courts of our said Sovereign Lord the King, his heirs or successors, commonly called the King's Bench and the common place, against any person or persons dwelling in any of the aforesaid counties in Wales, or in the said counties palatine of Chester, or of the city of Chester, or in any of them, that then immediately upon the awarding of every such exigent, the justice or justices before whom any such writ of exigent upon such suit or action shall be sued, shall have full power and authority to award one writ of proclamation according to the tenor and effect of proclamations awarded upon exigents, and directed out of any of the said courts into London against any person dwelling in any other shire where the King's writ is current, according to the order and form of the said statute made in the sixth year of the said late King, to be directed to such of the aforesaid sheriffs of any of the aforesaid counties in Wales, and of the counties palatine of Chester, and of the city of Chester for the time being, where it shall happen the said defendant, against whom any such action shall be sued as is aforesaid, to be dwelling: And that every such writ of proclamation shall have the same teste and day of return, as the exigents whereupon every such writ of proclamation shall be awarded shall have; and that every such sheriff to whom any such writ of proclamation shall be directed, shall make proclamation of the said writ of proclamation according to the tenor of the same, and shall make true return of the same in such court, and before such justices, as the tenor of the same writ shall require and demand. And that all outlawries hereafter to be promulged or pronounced against any person or persons upon any such exigent or exigents awarded against any person or persons dwelling in any of the said counties of Wates, and in the counties palatine of Chester, and of the city of Chester, and no writ of proclamation awarded in form abovesaid to the sheriff or sheriffs of the county where the party defendant shall be as is abovesaid dwelling, or not returned, to be clearly void and of none effect or force in the law.

III. And be it further enacted by the authority aforesaid, That all and every sheriff and sheriffs of every of the said counties of Wales, and of the counties palatine of Chester, and of the city of Chester aforesaid, shall have in every of the said courts of the King's Bench and of the Common Place one sufficient deputy at the least, to receive all writs directed to such the sheriff or sheriff's for whom the same deputy or deputies shall be appointed, in like manner and form, and upon like pains, as by the former statutes and laws of this realm other sheriffs of other shires or counties within this realm of England be bounden to have in either of the same courts. And that all writs of proclamation aforesaid shall be delivered unto every such deputy of record in the same courts; and also like fees shall be paid for making every such writ of proclamation, and for enrolling the same of record, as is limited in the said statute made in the said sixth year of the reign of our said late Sovereign Lord King Henry the Eighth.

IV. And be it further enacted by the authority aforesaid, That if any person dwelling in any of the said counties of Wales, after the aforesaid first day of April, shall be outlawed in any suit or action aforesaid, That then writs of special capias utlagatum, single capias utlagatum, non molestand and all other process, for or against any person outlawed, shall and may from henceforth be directed to the sheriff of any of the said counties in Wales, as immediate officers to the King's said courts of the King's Bench or Common Place in that behalf: And that every such writs may be delivered of record to the deputy of such of the said sheriffs to whom any such writ or process shall be directed, and that every such sheriff shall make execution and return of every such writ or process to him directed, upon like pain and penalty as is above limited,

c. 10.

V. And be it further enacted and established, That if any such writ or No. XXIX. writs of proclamation hereafter directed to any of the sheriffs of any 1Edward VI. of the said shires in Wales, or counties palatine of Chester, or of the city of Chester, be delivered unto any of the said sheriffs for the time being, or to his or their deputy, in manner and form aforesaid, and the The sheriff's same sheriff or sheriffs do not make true return of every such writ or forfeiture for writs of proclamation, into such court and courts out of which the said not returning writ or writs of proclamation shall be awarded; that for every such of a writ of default or non-return, every such sheriff for the time being shall lose proclamation. and forfeit five pound; the one half thereof shall be to our Sovereign Lord the King, his heirs and successors, the other half to any such person or persons as will sue for the same in an action of debt grounded upon this Act, in any of the King's Courts of record, wherein no essoign, protection or wager of law shall be allowed or admitted.

&c.

VI. Provided always, That this Act, or any thing therein contained, A reservation shall not in any wise extend or be prejudicial to the same counties of of other liberWales, or to the same counties palatine of Chester, or of the city of ties in Wales, Chester, for or concerning such liberties, franchises or privileges, as belong to them or any of them, or to any ministers or officers of them or any of them, otherwise or in any other manner, than by the true meaning of this Act is before provided and declared; any thing in this Act mentioned to the contrary notwithstanding.

VII. Provided always, and be it enacted by the authority aforesaid, That this Act, ne any thing therein contained, shall not in any wise be prejudicial or hurtful to any lord marcher in Wales; but that they and every of them, and their heirs, and the heirs of every of them, shall and may have like liberty, interest and pre-eminence, as they and every of them had, might or ought to have had, before the making of this Act, and as though this Act had never been had ne made; any thing in this Act mentioned to the contrary in any wise notwithstanding.

[ No. XXX. ] 5 & 6 Edward VI. c. 26.-An Act for Writs of Proclamation upon Exigend, to be current in the County Palatine of Lancaster.

The liberties of

the lord marchers reserved,

WHERE the county of Lancaster is, and of long time hath been 5 & 6 Edw. VI.

one ancient county palatine of itself, in which county the

pro

c. 26. Writs upon ex

clamations

shall be current in Lan

caster.

king's writ hath not, nor yet doth not run, so that the writ of clamation awarded upon any exigend against person or persons inha- igends and pro'biting within the same county, in any action wherein process of outlawry doth lie, according to the statute made in the sixth year of the reign of our late Sovereign Lord of famous memory, King Henry the Eighth, cannot be directed to the sheriff of the said county palatine, 6 H. 8. c. 4. but unto the sheriff of the county next adjoining unto the said county palatine, so that the party dwelling within the said county palatine, against whom any such exigend and proclamation hath been or shall be awarded, hath not had, nor hereafter can have, any knowledge of the same suit or process, by reason whereof many persons inhabiting within the said county palatine, without knowledge have been outlawed, and hereafter be in like manner like to be outlawed, to ⚫ their utter undoing, if some speedy remedy be not the sooner pro'vided :'

A proclamation upon an exigend awarded

II. Be it therefore, and for divers other good considerations, enacted, ordained and established by the King our Sovereign Lord, with the assent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by the authority of the same, That against any if and whensoever any writ of exigend, at any time after the first day person dwellApril next coming, shall be awarded at the suit of the King, his heirs ing in the or successors kings of this realm, or at the suit or suits of any person or persons, plaintiff or plaintiffs, in any action or suit in any of

other

county of Lancaster.

No. XXX. 5 & 6 Ed. VI.

c. 26.

The sheriff of the county of Lancaster shall make proclamation according to the tenor of his writ.

the courts of our said Sovereign Lord the King, his heirs and successors kings of this realm, commonly called the King's Bench and the Common Place, against any person or persons dwelling within the said county palatine: That then immediately upon the awarding of every such exigend, the justice or justices before whom any such writ of exigend upon such suit or action shall be sued, shall have full power and authority by virtue of this Act, to award one writ of proclamation (according to the tenor and effect of writs of proclamation awarded upon exigends, and commonly directed out of any of the said courts into London, or into any other shires of this realm, against any person or persons dwelling in other shire or shires of this realm where the king's writs do run, according to the order and form of the said statute made in the sixth year of the reign of the said late King) to be directed to the sheriff of the said county palatine of Lancaster, where it shall happen the said defendant, against whom any such action shall be sued as is aforesaid, to be dwelling, and not to the sheriff of any other shire next adjoining to the said county palatine; any law, custom or usage heretofore used to the contrary notwithstanding And that every such writ of proclamations so to be hereafter awarded to the sheriff of the said county palatine, shall have the same teste and day of return as the exigends whereupon every such writ of proclamation shall be awarded shall have.

III. And that every such sheriff of the said county palatine of Lancaster, to whom any such writ or writs of proclamation shall be directed, shall make proclamations of the said writ and writs of proclamation, according to the tenor of the same, and shall make true returns of the same, in such court and courts, and before such justices, as the tenour of the same writ and writs of proclamation shall require and demand: And that all outlawries hereafter to be promulged or pronounced against any person or persons, upon any such exigend or exigends awarded against any person and persons dwelling in the said county palatine of Lancaster, and no writ of proclamations awarded in form abovesaid to the sheriff of the said county palatine of Lancaster, where the party defendant shall be as is aforesaid dwelling, or not returned, to be clearly void, of none effect nor force in the law.

IV. And be it further enacted by the authority aforesaid, That every sheriff of the said county palatine for the time being shall have in every of the said courts of the King's Bench and of the Common Place, one sufficient deputy at the least, to receive all such writs of proclamations which shall be hereafter directed to every such sheriff of the said county palatine, for whom the same deputy or deputies shall be appointed, in like manner and form, and upon like pains, as by the former statutes and laws of this realm other sheriffs of other shires or counties within this realm of England be bounden to have in either of the said courts: And that all such writs of proclamations aforesaid shall be delivered unto every such deputy or deputies of record in the same courts, and either of them; and also like fees shall be paid for making every such writ of proclamations, and for enrolling the same of record, Henry VIII. as is limited in the same statute made in the said sixth year of our said late Sovereign Lord King Henry the Eighth.

c. 4.

The sheriff's forfeiture for not returning

of a proclamation.

V. Be it further enacted and established by the authority aforesaid, That if any such writ or writs of proclamations hereafter to be directed to any sheriff of the said county palatine of Lancaster, be delivered unto any of the sheriffs of the said county palatine for the time being, or to his or their deputy or deputies, in manner and form aforesaid, and the same sheriff or sheriffs do not make true return of every such writ and writs of proclamations into such court and courts out of which the said writ or writs of proclamations shall be awarded, that for every such default of non-return, every such sheriff for the time being shall lose and forfeit five pounds; the one half whereof shall be to our Sovereign Lord the King, his heirs and successors, and the other half thereof to any such person or persons as will sue for the same in one action of debt to be grounded upon this Act, in any of the King's Courts

of record, wherein no essoign, protection or wager of law shall be allowed or admitted.

VI. Provided always, That this Act, or any thing therein contained, shall not in any wise extend or be prejudicial to the said county palatine of Lancaster for or concerning such liberties, franchises or privileges as belong to the same, or to any ministers or officers of the same county palatine, otherwise or in any other manner than by the true meaning of this Act is before provided and declared; any thing in this Act mentioned to the contrary notwithstanding. VII. Provided also, and be it further enacted and established by the authority aforesaid, That if any person or persons dwelling within the said county palatine, after the aforesaid first day of April, shall be outlawed in any such suit or action as is aforesaid, that then all writs of special capias ullagatum, single capias utlagatum, non molestandum, and all other process, for or against any person or persons so outlawed, shall and may from thenceforth be directed from time to time to the chancellor of the duchy of Lancaster, who shall make like writs and process thereupon, and of like effect, sealed with the seal of the said county palatine of Lancaster, to be directed to the sheriff of the said county palatine for the time being, as heretofore hath been used and accustomed in such cases. 1 Ed. 6. c. 10.

[No. XXXI.] 5 Elizabeth, c. 25.-An Act to fill up Juries lacking in Wales de Circumstantibus.

an

WHERE in the Parliament holden at Westminster in the thirty-fifth year of the reign of our late Sovereign Lord King Henry the Eighth, father to our most dear Sovereign Lady the Queen's Majesty that now is, one wholesome and profitable Act and estatute amongst ' other was then established and enacted, intituled by the name of " Act concerning the appearance of jurors in nisi prius:" Where amongst things in the Act it was established, That where a full jury returned 'betwixt party and party did not appear before the justices of assize, or ' nisi prius, or else after appearance of a full jury, by challenge of any of the parties, the jury was like to remain untaken for default of ju'rors, that the same justices upon request made by the party plaintiff ⚫ or demandant, should have authority by virtue of the same Act, to ⚫ command the sheriff, or other minister or ministers to whom the making of the said return should appertain, to name and appoint, as often ' as need should require, so many of such other able persons of the 'said county, then present at the said assize or nisi prius, as should make up a full jury: Which persons so to be named and impanelled by such sheriffs, or other minister or ministers, should be added to the 'former panel, and their names annexed to the same, and further as in the same Act more plainly may appear: Which said beneficial Act 'doth not extend unto the twelve shíres of Wales, ne to the county pa'latine of Chester, nor to the county palatine of Lancaster, nor to the ⚫ county palatine of Durham, by reason whereof many juries remain ⚫untaken betwixt the parties, what for lack of appearance of ju'rors, and some because of challenges, to the great hindrance of justice, and great expenses and charges to the parties:'

II. For reformation whereof, be it enacted by the Queen our Sover reign Lady, with the assent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by the authority of the same, That in every of the shires of Wales, that is to say, Pembroke, Carmarthen, Cardigan, Brecknock, Radnor, Glamorgan, Montgomery, Denbigh, Flint, Merioneth, Anglesey, Carnarvon, and in the county palatine of Chester, and in the said county palatine of Durham, and in the said county palatine of Lancaster, where a full jury shall not appear before the justices of the Great Sessions in any of the said shires or counties palatine, or their deputies there, or else after appearance of a full jury, by challenge of any of the parties, the jury is

5 Elizabeth,

c. 25.

Challenge to the jurors new

ly named.

No. XXXI. like to remain untaken for default of jurors, That then the same justices, in every of the said shires and counties palatine for the time being, or their deputy or deputies, upon request made by the party plaintiff or demandant, shall have full authority by virtue of this Act to command the sheriff, or other minister or ministers to whom the making of the said return shall appertain, to name and appoint, as often as need shall require, so many of such other able persons of the said counties, then present at the said Great Sessions, as shall make up a full jury Which persons so to be named and impanelled by such sheriffs, or other minister or ministers, shall be added to the former panel, and their names annexed to the same: and that every of the parties shall only have his or their challenge to the jurors so named, added and annexed to the said former panel, by the said sheriff or other minister or ministers, in such wise as if they had been impanelled upon the venire facias awarded to try the said issue. And that the said justices, and every of them, and their deputy or deputies, shall and may proceed to the trial of every such issue with those persons that were before impanelled and returned, and with those newly added and annexed to the said former panel by virtue of this Act, in such wise as they might or ought to have done, if all the said jurors had been returned upon the writ of venire facias awarded to try the said issue: And that all and every such trial had, shall be as good and effectual in the law, to all intents, constructions and purposes, as if such trial had been had and tried by twelve of the jurors impanelled and returned upon the writ of venire facias awarded to try such issue; And in case such persons as the said sheriff, minister or ministers, shall name and appoint, as is aforesaid, or any of them, after they shall be called, be present and do not appear, or after his or their appearance do wilfully withdraw him or themselves from the presence of the court, That then such justices or their deputies, shall and may set such fine upon every such juror making default, or wilfully withdrawing himself as aforesaid, as they shall think good by their discretions; the said fine to be levied in such manner and form as issues forfeited and lost by jurors for default of their appearance, as is provided by the law and custom of the said counties of Wales, and counties palatine aforesaid, where such issues are forfeited.

A juror newly impanelled doth withdraw himself.

The first jurors making default shall lose their

issues.

Upon a reasonable excuse,

jurors shall be discharged of issues.

If the justices come not, the

jurors shall be discharged of their issues.

III. And be it further enacted by the authority aforesaid, That where any jury that shall be returned by the sheriff or other minister or ministers, shall be made full by the commandment of the said justices or their deputies, by virtue of this present Act, that yet nevertheless such persons as were returned in the said panel by the sheriff or other minister or ministers, to try any such issue that shall not appear, but make default, shall lose the issues upon them returned, in such wise as though the same jury had remained for default of jurors.

IV. Provided always, and be it further enacted, That upon a reasonable excuse for the default of appearance of any juror or jurors, sufficiently proved before the justices of the Great Sessions, or their deputies, in the countries and counties palatines aforesaid, at the day of their appearance, by the oaths of two lawful and honest witnesses, that the same justices shall have authority by their discretions to discharge every such juror of every such forfeiture of issues upon him returned; and that the said sheriff or sheriffs, or other minister or ministers, having commandment by the said justices to omit the returning of such issues as is aforesaid, upon such juror or jurors, shall be therein discharged of the penalties aforesaid for the non-returning of the said issues, and that yet notwithstanding the said return to be good and effectual in the law; any law, usage, ordinance or custom to the contrary notwithstanding.

V. Provided also, and be it enacted by the authority aforesaid, That if the said justices or their deputies, afore whom any such jury should appear in the shires or counties palatines where such issue is to be tried, do not come at the day and place appointed, That then every one of the same jurors shall be discharged for forfeiting of issues any him upon