Anno quinto et sexto Eduardi Sexti Actes made in the session of this present parlament, holden vpo[n] prorogacion at Westminster, the. xxiii. daie of Ianuarie, in the fiueth yere of the reigne of our moste drad souereigne Lorde, Edward the. VI. by the grace of God, kyng of Englande, Fraunce, and Irelande, defendour of the faith, and of the Churche of Englande and Irelande, in yearth [sic] the supreme hed: and there continued and kept to the. xv. daie of Aprill, in the vi. yere of the reigne of our saied souereigne lorde, as foloweth

¶ The .xxvi. Chapitre. ¶ An acte for writtes vpon proclamacions, and exigentes, to be currant within the countie Palantine of Lancastre.

WHere the Countie of Lancastre is, and of long tyme hath bene, one auncient Countie Palantine of it self in whiche Countie the kynges writte hathe not, nor yet doth not renne, so that the writte of proclamaciō awarded vpon any exigende, againste any persone, or persones, inhabityng within thesame countie, in any actiō wherin processe of outlawry doth lie, according to the statute made in the .vi. yere of the reigne of our late souereygne Lorde of famous memory, Kyng Henry the .viij. can not be directed to the Shierefe of thesayd countie Palantine, but vnto the Shierefe of the countie next adioynyng vnto thesayde countie Palantine, so that the partie dwellyng within thesaid countie Palantine, against whom any suche Exigende and Proclamation hath bene, or shalbe awarded, hath not had, nor herafter can haue, any knowlege of thesame sute, or processe, by reason wherof many persones inhabityng within thesaide countie Palantiue, without knowlege haue bene outlawed, and heraf¦ter be in lyke manner like to be outlawed, to their vtter vndoinges, if some spedy remedy be not the soner prouided.

Be it therfore, and for diuers other good considerations enacted, or deined, and established, by the kyng our souereigne lord, with thassent of the lordes spiritual and temporal, and the commons in thys present parlament assembled, & by thaucthoritie of thesame, that if, and when soeuer any writte of exigend, at any tyme aftre the first daye of Aprill next cōmyng, shalbe awarded at the sute of the king, his heires, or suc∣cessours, kinges of this realme, or at y^e sute, or sutes of any other persō or persones, plaintiue, or plamtiues, in any action, or sute, in any of the courtes of our said souereigne lord the kyng, his heyres & successours, kynges of this Realme, commonly called the kynges Benche, and the common place, againste any persone, or persones dwellyng within the said countie Palantine, that then ymmediatly vpon the awardyng of euery suche exigende, the Iustice, or Iustices before whome any suche writte of exigend vpon suche sute, or action shalbe sued, shall haue full power & aucthoritie, by vertue of this acte, to award one writte of pro¦clamation, accordyng to the tenour and effect of writtes of proclama∣tion awarded vpon exigentes, and cōmonly directed oute of any of the sayde courtes into London, or into any other Shieres of this Realme against any person, or persons, dwellyng in other Shiere, or Shieres of this realme where the kinges writte doth renne, according to the or¦der and fourme of thesaid statute, made in the sixth yeare of the reigne

of thesaid late kyng to be directed to the shierefe of thesaid county pa∣lantine of Lancastre, where it shal happen thesaid defendaunt against whome any suche action shalbe sued, as is aforesaide, to be dwellyng & not to the Shierefe of any other Shiere nexte adioynyng to thesaide countie palātine, any law, custome, or vsage hertofore vsed to the con∣trary notwithstanding. And that euery suche writte of proclamation so to be hereafter awarded to the Shierefe of thesaid countie palātine shal haue thesame teste and daie of retourne, as the exigendes wheru∣pon euery suche writte of Proclamation shalbe awarded, shall haue. And that euery suche shierefe of the saide Countie Palantine of Lan∣castre, to whome any such writte, and writtes of proclamation shalbe directed, shal make Proclamations of thesaide writte, and writtes of proclamation, accordyng to the tenour of thesame, and shal make true returnes of thesame, in suche courte, and courtes, and before suche Iu∣stices as the tenour of thesame writte, and writtes of proclamations, shal require, and demaunde. And that all outlawries hereafter to bee promulged, or pronounced against any persone, or persones, vpon any suche exigend, or exigendes awarded against any persone, or persones dwellyng in the saide countie Palantine of Lancastre, and no writte of Proclamations awarded in fourme abouesaide, to the Shierefe of thesaid countie Palantine of Lancastre, where the partie defendaunt shalbe as is aforesaide dwellyng, or not returned, to bee clerely voyde, and of none effect nor force in the law.

And be it further enacted by thaucthoritie aforesaid, that euery shie∣refe of thesaide countie Palantine for the tyme beyng, shal haue in eue¦ry of thesaide courtes of the kynges bēche, & of y^e cōmon place, one suf∣ficient deputy at the least, to receiue al such writtes of proclamations, whiche shalbe hereafter directed, to euerye suche Shierefe of the saide county palātine, for whom thesame deputie, or deputies shalbe apoin∣ted, in lyke maner and fourme, and vpon lyke paynes, as by the former statutes and lawes of this Realme, other Shierefes of other shieres, or counties within this realme of Englande, be bounden to haue in ei∣ther of thesame courtes. And that al suche writtes of proclamations aforesaid, shalbe deliuered vnto euery suche deputie, or deputies, of re∣corde, in thesame courtes, & either of them, & also lyke fees shalbe paid for making euerye suche writtes of Proclamations, and for enrollyng thesame of record, as is limited in thesame statute, made in thesaid .vi. yere of our saide late souereigne lorde kyng Henry the .viii.

Be it further enacted, and established by the aucthoritie aforesaide, that if any suche writte, or writtes of proclamations, hereafter to be di¦rected to any Shierefe of thesaid coūty Palantine of Lancastre, be de∣liuered vnto any of the shierefes of thesaid coūtie palātine for the time being, or to his, or their deputie, or deputies, in maner & fourme afore∣said, & thesame shierefe, or shierefes, do not make true returne of euery

suche writte, and writtes, of proclamations into suche court, and cour¦tes, out of which thesaid writte or writtes of proclamations, shalbe a∣warded, that for euery suche defaulte of non retourne, euery such She¦refe for the tyme beyng, shal lose, and forfaicte .v. ł. the one half where of shalbe to our souereigne lord the kyng, his heyres, and successours, & the other haulf therof, to any suche persone, or persones, as wil sue for thesame, in one action of debt to be grounded vpon this acte, in any of the kynges courtes of Recorde, wherin none essoine, protection, or wa¦ger of lawe shalbe allowed, or admitted.

Prouided alwayes, that this acte, or any thyng therin conteined, shall not in any wyse extende, or be preiudicial to thesame county Pa∣lantine of Lancastre, for, or concernyng such liberties, fraunchesses, or priuileges, as belong to thesame, or to any ministres, or officers of the same county Palantine otherwyse, or in any other maner then by the true meanyng of thys acte is before prouided and declared, any thyng in this acte mencioned to the contrary notwithstandyng.

Prouided also, and be it further enacted and established, by the auc∣thoritie aforesaid, that if any person, or persones, dwellyng within the sayd countie Palantine, aftre the aforesaide firste day of Aprill, shalbe outlawed, in any such sute, or action, as is aforesaid, y^e then al writtes of special Capias utlegatum, single capias utlegatum, non molestandum & al other processe, for, or against any person, or persones, so outlawed, shal and may, from thencefurthe be directed, from tyme to tyme, to the Chauncellour of the Duchie of Lancastre, who shall make lyke writ∣tes and proces thereupon, and of lyke effect, sealed with the seale of thesaid county Palantine of Lancastre, to be directed to the Sherefe of thesaid countie Palantine, for the time beyng as heretofore hath bene vsed, and accustomed in suche cases.