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1. H. 5. cap. 5. In euery originall writ of actions personals, appeales, & enditements, in which the Exigent shall bee awarded: to the names of the defendants in such writs, originall appeales and enditements, additi∣ons shall be made of their estate and degree or mysterie, and the Townes, Hamlets and places, and the Counties wherof they were or be in which they were or be conuersant: Otherwise all outlawries thereupon pro∣nounced shall bee none. And before these
••utlawries pronounced, the said Writs and ••nditements shall be abated by the excep∣••ion of the partie omitting the said addi∣••ions.
6. H. 6. c••. 1. All Exigends and outlawries ••pon enditements in the K. Bench of felony ••nd treason shall bee void, if before the ••xigend awarded, a Capias be not directed to ••he Sherife of the Countie, whereof they be ••amed in the enditement, hauing six weeks space (or larger, by the discretion of the Iu∣stices) before the returne.
8. H. 6. cap. 10. In euery enditement or ap∣peale of treason, felonie, or trespasse after the first Capias returned; foorthwith (before an Exigend) another Capias shal be awarded to the Sherife of the Countie where the en∣ditement is supposed to abide returnable, before the same Iustices, &c. conteining the space of three monethes (where the Coun∣ties be holden from moneth to moneth) of foure moneths: (where they be holden from sixe weekes to sixe weekes) by which Ca∣pias the sherife shall be commanded to take his bodie if it be found in his Bailiwick, if it be not found, then to make proclamation (for his apparance) in two Counties before the returne of the writ. Any exigend or out∣lawrie otherwise pronounced shall be hol∣den for none.
10. H. 6. cap. 6. The like is to be obserued
when any such enditement or appeal〈…〉〈…〉¦ken before Iustices of peace, or other ••••¦uing power, shall bee remooued before t•••• King in his Bench, or elsewhere by C〈…〉〈…〉¦rari or otherwise.
6. H. 8 cap. 4. Vpon euery exigent a writ•••• make three proclamations (returnable 〈◊〉〈◊〉 of the returne of the exigent, and the p••••¦clamations to bee made, two in the full Countie Court, the third at the genera•••• Sessions) shall go out to the Sherife of eue¦rie other Countie (viz. than that where th•• action is brought) where the defendant i•• named to be, or late to haue beene; if the Kings writ runne there: otherwise to the Countie next adioyning to that where he i•• so named. Being named late of London •••• Middlesex, the writ of proclamation shall go out to euerie other Countie where he i•• abiding, time of the exigent awarded. Euery outlawrie to the contrarie shall be auoided by plea.
27. E. 3. cap. 2. A writ of Idemtpitate 〈…〉〈…〉∣nis giuen to those whose lands, goods, or chattels be seised by any officer, surmising them to be outlawed (where they be not) because they beare such names as those that be outlawed, for default of good declarati∣on of the surname.
9. H. 6. cap. 4. Such an Idemtpitate 〈◊〉〈◊〉 giuen to their Executors.
If the Exigent be returned not fully ser∣••ed without any folly in the Plaintife, as (a) 1.1 where the defendant after demand at ••o Counties rendreth himselfe in Court, ••d vpon mainprise found hath a Superse∣••eas, and yet appeareth not at the day. But ••therwise it is vpon a (b) 1.2 Supersedeas by a∣••other person bearing the same name, or in ••se where no (c) 1.3 more Counties but foure ••n be holden betweene the deliuerie of the ••rit to the Sherife and the returne, for it is ••e Plaintifes owne follie in the first case to ••ut no difference betweene their names, ••d in the second to take so short a time. ••hough it bee in the (d) 1.4 hustings of Lon∣••on which are holden vncertainly: the ••laintife bringing a new exigent which we ••ll an Exigent de nouo (e) 1.5 before any other Countie holden, but else not, shall haue the ••enefit of the former Counties. And there∣••ore it is called an exigent allocato Comitatu, ••r allocato hustingo, if it be in London, where ••heir hustings are as the Countie Courts.
Outlawry dishableth him from suing a∣••y * 1.6 action.
22 E. 3. 11.
38 E. 3. 1.
14 E. 3. E••. 17
17 E. 3. 43.
22 E. 3. 11.
Lit. 43.