Page:Ruffhead - The Statutes at Large - vol 2.djvu/716

 666 C. 9. Anno tricefimo primo Reglns Elizabeths. A.D.i^Sg, VefTels which IV. Provided alfo, That if any Scottijh Man, or any Stranger, fhall bring from Scotland, or from beyond fhaii be filled the Seas, to the faid Brewers, or any of them, any manner of foreign Cafks, and fhall require to haver with Ale or g eer p. ut ; nt0 x ^ fane, and will tranfport the fame Beer from hence, either into Scotland, or over ths Seas, ported.™ '"" " triere t0 De drunk ; That then in every fuch Cafe it fhall and may be lawful to and for the faid Brewers,' FanberPrm'i- or an y °^ triem 5 to fill all fuch Cafks with Beer, at fuch Rate and Reckoning as he and his Merchant can fiom concerning a g ree » without having the faid Cafks, or any of them, gaged of marked as is aforefaid, and without incur- .ik and Beer, 1 ring any Penalty therefore ; this Aft, or any Thing therein contained, to the contrary thereof in any wife w. (J m. St. 1. notwithftanding. (2) This A£l to continue to the End of the next Seflion of the next Parliament. [3 Car. c.xz. 11 ef ia, Ci ^_ continued until the End of the firft Seffion of the next Parliament, and further continued by 16 if. 3. c. 15. p -, > «. 11, and 13 "' »■ " «• CAP. IX. An Aft for Writs upon Proclamations and Exigents to be current within the County Palatine of Durham. € IT THERE the Bifhoprick of Durham is, and of long Time hath been, an ancient County Palatine of ' clamation awarded upon any Exigent againft any Perfon or Perfons inhabiting within the fame County, ■5 H. S, c 4. * in any Action wherein Procefs of Outlawry doth lie, according to the Statute made in the fixth Year of ' the Reign of the late King Henry the Eighth, cannot be directed to ar.y Sheriff", or other Officer within ' the Party dwelling within the faid Bifhoprick, againft whom any fuch Exigent and Proclamation hath ' been or ihall be awarded, hath not had, nor hereafter can have, any Knowledge of the fame Suit or Pro- ' have been outlawed, and hereafter are like to be outlawed in like Manner, to their utter Undoings, if A Writ of Pro- II. Be it therefore, and for divers other good Confiderations, enafted, ordained and eftablifhed by the clamation upon Authority of this prefent Parliament, That whenfoever any Writ of Exigent, at any Time after the firft againft § any Per- -^ a y °^ ^P r '^ next coming, fhall be awarded at the Suit of our Sovereign Lady the Queen's Majefty, her fon dwelling in Heirs and Succeffors, Kings or Queens of this Realm, or at the Suit or Suits of any other Perfon or Per- the BHhoprfck of fons, Plaintiff or Plaintiffs, in any Action or Suit in any of the Courts of our faid Sovereign Lady, her Durham. Heirs or Succeffors, Kings and Queens, of this Realm, commonly called the King's Bench and the Com- mon Pleas, againft any Perfon or Perfons dwelling within the faid Bifhoprick; that then immediately upon the awarding of every fuch Exigent, the Juftice or Juftices before whom any fuch Writ of Exigent upon fuch Suit or Action fhall be fued, fhall 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 Exigents, and commonly directed out of any of the faid Courts into London, or into any other Shires of this Realm, againft any Perfon or Perfons dwelling in other Shire or Shires of this Realm where the Queen's Writ doth, run, according to the Order and Form of the faid Act made in the ftxth Year of the Reign of the faid late King, (2) to be directed to the Bifhop of Durham for the Time being, and during the Vacation of the Bifhoprick, then to the Chancellor of the faid Bifhoprick or County Palatine for the Time being,, where it fhall happen the faid Defendant, againft whom any fuch Action fhall be fued as is aforefaid, to be dwelling, and not to the Sheriff of any other Shire next adjoining to the faid Bifhoprick or County Pala- tine ; any Law, Cuftom or Ufage heretofore ufed to the contrary notwithftanding : (3) And that every fuch Writ of Proclamation fo to be hereafter awarded to fuch Bifhop or Chancellor of the faid Bifhoprick or County Palatine, fhall have the fame Te/ie and Day of Return, as the Exigents, whereupon every fuch The Bifliop's Writ of Proclamation fhall be awarded, "fhall have : (4.) And that every fuch Bifhop or Chancellor, to- Sheriff 'to make whom any of the faid Writ or Writs of Proclamation fhall be directed, fhall by his or their Mandate di- Pioclamation. ''"cted to the Sheriff" of the faid County Palatine, caufe Proclamation to be made of the fame Writs of Pro- clamation according to the Tenor of the lame, and fhall make true Returns of the fame in fuch Court and Courts, and before fuch Juftices, as the Tenor of the fame Writ and Writs of Proclamation fhall require and demand : (5 j And that all Outlawries hereafter to be promulged or pronounced againft any Perfon or Perfons, upon any fuch Exigent or Exigents, awarded againft any Perfon or Perfons dwelling within the iaid Bifhoprick or County Palatine, and no Writs of Proclamation awarded in Form aforefaid to the Bi- fhop or Chancellor aforefaid, where the Party Defendant fhall be as is aforefaid dwelling, or not returned as aforefaid, to be clearly void, and of none Effect nor Force in the Law.. •The Bifhop of HI. And be it further enacted by the Authority aforefaid, That every Bifhop of the faid Bifhoprick for Durham fhall t h e Y; me being, and during the Vacation of the faid Bifhoprick the Chancellor of the faid County Pala- in IheV.ngV tlne tor the Tlme being, fhall have in every of the faid Courts of the King's Bench and Common Pleasj Bench and Com- one fufficiejit Deputy at the leaft, to receive all fuch Writs of Proclamations which fhall be hereafter di- mon Pleas. reeled to every fuch Bifhop or Chancellor of the faid Bifhoprick or County Palatine, for whom the fame »3 H, G. c. 9. Deputy or Deputies fhall be appointed, in like Manner and Form, and upon like Pains, as by the former Statutes and Laws of this Realm, the Sheriffs of other Shires or Counties within this Realm of England be bound to have in either of the fame Courts ; (2) and that all fuch Writs of Proclamation as aforefaid, fhall be delivered unto every fuch Deputy or Deputies of Record in the fame Courts and either of them, and alio like Fees fhall be paid for making of every fuch Writ of Proclamation, and for enrolling the fame of Record, as is limited in the fame Statute made in the fixth Year pf the laid King Henry the Eighth. IV, And
 * VV ^ felfj in which Bifhoprick the Queen's Writ hath not, or yet doth run ; fo that the Writ of Pro-
 * the faid Bifhoprick, but unto the Sheriff of the County next adjoining unto the faid Bifhoprick ; fo that
 * cefs ; (2) by reafon whereof many Perfons inhabiting within the faid Bifhoprick, without Knowledge
 * fome fpeedy Remedy be not the fooner provided :'