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No. XXIX.' by the authority of the same, enacted, ordained and established, That 1 Edward VI, if and whensoever any writ of exigent, at any time after the first day of c. 10. 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 ed out of the

any of the courts of our said Sovereign Lord the King, bis heirs or King's Bench successors, commonly called the King's Bench and the common place, and Common against any person or persons dwelling in any of the aforesaid counties Pleas against in Wales, or in the said counties palatine of Chester, or of the city of any person Chester, or in any of them, that then immediately upon the awarding dwelling in

of every such exigent, the justice or justices before whom any such Wales or Ches- writ of "erigent upon such suit or action shall be sued, shall have full ter,

power and authority to award one writ of proclamation according to
the tenor and effect of proclamations awarded upon exigents, and di-
rected 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 proclama-
tion shall have the same teste and day of return, as the exigents where-
upon 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 ac-
cording 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
promalged 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 Wales, and in the counties palatine of Ches-
ter, and of the city of Chester, and no writ of proclamation a warded 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.
Every sheriff in III. And be it further enacted by the authority aforesaid, That all
Wales and of and every sheriff and sheriffs of every of the said counties of Wales,
Cheshire and and of the counties palatine of Chester, and of the city of Chester afore-
Chester shall said, shall have in every of the said courts of the King's Bench and of
' have deputies the Common Place one sufficient deputy at the least, to receive all writs
in the King's

directed to such the sheriff or sheriffs for whom the same deputy or deBench& Com- puties shall be appointed, in like manner and form, and upon like pains, mon Place.

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 procla-
mation, 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.
To whom pro- IV. And be it further enacted by the authority aforesaid, That if any
cess againstany person dwelling in any of the said counties of Wales, after the afore-
person outlaw- said first day of April, shall be outlawed in any suit or action aforesaid,
ed shall be di- That then writs of special capias utlagatum, single capias ullagatum, non
rected.

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 sucb writ
or process to him directed, upon like pain and penalty as is above
limited,

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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 i Edward 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 DO essoign, protection or wager of law shall be allowed or admitted.

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 &c. 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, The liberties of That this Act, ne any thing therein contained, shall not in any wise be the lord prejudicial or hurtful to any lord marcher in Wales ; but that they and marchers reevery of them, and their heirs, and the heirs of every of them, shall and served, may have like liberty, interest aod pre-eminence, as they and every of them bad, might or ought to have had, before the making of this Act, and as though this Act had never been bad ne made; any thing in this Act mentioned to the contrary in any wise notwithstanding.

c. 26.

caster.

.

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[ 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. :WHET

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

one ancient county palatine of itself, in which county the • king's writ hath not, nor yet doth not run, so that the writ of pro

Writs upon ex• clamation awarded upon any exigend against person or persons inha- igends and probiting within the same county, in any action wherein process of out

shall be cur• lawry doth lie, according to the statute made in the sixth year of the

rent in Lan• 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 out• lawed, and hereafter be in like manner like to be outlawed, to • their utter undoing, if some speedy remedy be not the sooner pro• vided :

II. Be it therefore, and for divers other good considerations, enacted, A proclamation ordained and established by the King our Sovereign Lord, with the as- upon an exisent of the Lords Spiritual and Temporal, and the Commons, in this gend awarded 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 dwell

April 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 other county of person or persons, plaintiff or plaintiffs, in any action or suit in any of

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No. XXX. the courts of our said Sovereign Lord the King, his heirs and success5&6 Ed. yi. ors kings of this realm, commonly called the King's Bench and c. 26.

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 beretofore 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 erigends whereupon every such writ of proclamation

shall be awarded shall have. The sheriff of III. And that every such sheriff of the said county palatine of Lanthe county of caster, to whom any such writ or writs of proclamation shall be diLancaster shall rected, shall make proclamations of the said writ and writs of proclamake proclamation, according to the tenor of the same, and shall make true returns mation, accord- of the same, in such court and courts, and before such justices, as the nor of his writ. tenour of the same writ and writs of proclamation shall require and de

mand : 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 bave 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, 6 Henry VIII.

as is limited in the same statule made in the said sixth year of our said c. 4. The sheriff's

late Sovereign Lord King Henry the Eighth.

V. Be it further enacted and established by the authority aforesaid, forfeiture for not returning rected to any sheriff of the said county palatine of Lancaster, be deli

That if any such writ or writs of proclamations hereafter to be di. of a proclamation.

-vered 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 al- No. XXX. lowed or admitted.

5 & 6 Ed. VI. VI. Provided always, That this Act, or any thing therein contained, c. 26. shall not in any wise extend or be prejudicial to the said county palatine of Lancaster for or concerning such liberties, franchises or pri- This statute vileges as belong to the same, or to any ministers or officers of the shall not presame county palatine, otherwise or in any other manner than by the judice the litrue meaning of this Act is before provided and declared ; any thing in berties of the this Act mentioned to the contrary notwithstanding:

county of LanVII. Provided also, and be it further enacted and established by the caster. authority aforesaid, That if any person or persons dwelling within the Process awardsaid county palatine, after the aforesaid first day of April, shall be

ed against any outlawed in any such suit or action as is aforesaid, that then all writs of ed, dwelling in

person outlaw. special capias utlagatum, single capias utlagatum, non molestandum, and the said county all other process, for or against any person or persons so outlawed, shall palatine. 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.

c. 25.

[ No. XXXI.) 5 Elizabeth, c. 25.–An Act to fill up

Juries lacking in Wales de Circumstantibus. :W

JHERE in the Parliament holden at Westminster in the thirty-fifth 6 Elizabeth,

year of the reign of our late Sovereign Lord King Henry the • Eighth, father to our most dear Sovereign Lady the Queen's Majesty A rehearsal of that now is, one wholesome and profitable Act and estatute amongst the statute of other was then established and enacted, intituled by the name of “an

35 H. 8. c. 6. * Act concerning the appearance of jurors in nisi prius:" Where amongst filling up a

touching the things in the Act it was established, That where a full jury returned jury de circumbetwixt party and party did not appear before the justices of assize, or stantibus. 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 mak• ing 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. Por reformation whereof, be it enacted by the Queen our Sove. In certain cases reign Lady, with the assent of the Lords Spiritual and Temporal, and a tales de cirthe Commons, in this present Parliament assembled, and by the autho- cumstantibus rity of the same, That in every of the shires of Wales, that is to say, may be granted Pembroke, Carmarthen, Cardigan, Brecknock, Radnor, Glamorgan,

in the twelve Montgomery, Denbigh, Flint, Merioneth, Anglesey, Carnarvon, and in shires in Wales,

and in the 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 of Chester, &c.

county palatine shall

not appear before the justices of the Great Sessions in any of the by the justices said shires or counties palatine, or their deputies there, or else after ap- at their Great pearance of a full jury, by challenge of any of the parties, the jury is Sessions.

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No. XXXI. like to remain untaken for default of jurors, That then the same jus5 Elizabeth, tices, 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 c. 25.

or demandant, shall have full authority by virtue of this Act to com-
mand 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 Challenge to their names annexed to the same: and that every of the parties shall the jurors new- only have his or their challenge to the jurors so named, added and anly named. nexed 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 deputics, shall and may proceed to
the trial of every such issue with those persons that were before im-
panelled and returned, and with those newly added and annexed to the
said former panel by virtue of this Act, in such wise as they inight 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 in-
tents, constructions and purposes, as if such trial had been had and tried

by twelve of the jurors impanelled and returned upon the writ of veA juror newly nire facias awarded to try such issue ; And in case such persons as impanelled the said sheriff, minister or ministers, shall name and appoint, as is doth withdraw aforesaid, or any of them, after they shall be called, be present and do himself. 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 mak-
ing 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. The first jurors

III. And be it further enacted by the authority aforesaid, That where making default any jury that shall be returned by the sheriff or other minister or mishall lose their nisters, shall be made full by the commandment of the said justices or issues.

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 minis-
ter 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. Upon a reason

IV. Provided always, and be it further enacted, That upon a reasonable excuse,

able excuse for the default of appearance of any juror or jurors, suffijurors shall be ciently proved before the justices of the Great Sessions, or their depudischarged of ties, in the countries and counties palatines aforesaid, at the day of issues. - 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, hav-
ing commandment by the said justices to omit the returning of such
issues as is aforesaid, upon such juror or jurors, shall be therein dis-
charged 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 notwith-

standing
If the justices V. Provided also, and be it enacted by the authority aforesaid, That
come not, the if the said justices or their deputies, afore whom any such jury should
jurors shall be

appear in the shires or counties palatines where such'issue is to be tried,
discharged of
their issues.

do not come at the day and place appointed, That then every one of
the same jurors shall be discharged for forfeiting of any issues upon him

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