which to your and their office appertain in this behalf to be done. And have you then and there the names of the jurors, justices of the peace, mayors, coroners, escheators, stewards, bailiffs, chief constables, and of all them whom you shall so cause to come, whom, and by whom, you shall so cause them to come. And that you also then and there have this precept. Dated at Westminster, this fourteenth day of June, in the fifty-fifth year of the reign of our sovereign lord George the third, by the grace of God of the united kingdom of Great Britain and Ireland king, defender of the faith. Lowndes. The execution of this precept appears in divers pannels to Return to the same precept annexed, and further I have made procla- same. mation through my whole bailiwick, that all they who will prosecute against them for any thing within contained on the part of our lord the king, as for themselves, that they be then and there with their bills in form of law to prosecute; I have also given notice to all justices of the peace, mayors, coroners, escheators, and stewards, and also to all chief constables and bailiffs of every hundred and liberty within my county, that they be then and there in their own persons, with their rolls, records, indictments, and other remembrances, to do those things, and to which their offices in that behalf appertain to be done, as within I am commanded. The answer of Joseph Livesey, esq. sheriff. [Then annex pannels, see Imp. off sher. 3d ed. 255, &c. 259, and post 179, &c.] The Right Honourable Sir John Willes, knight, justice of Gaol Delive our lord the king, of his court of Common Bench, Sir Ed-y Precept, for Borough ward Clive, knight, one of the justices of our said lord the of Leicester. king of the same court, justices of our said lord the king (c) aforesaid, to deliver his gaol of the borough of Leicester of the prisoners therein being, To the bailiff of the borough aforesaid, greeting, on behalf of our said lord the king. We command you, that you omit not for any liberty within your bailiwick, but that you cause to come before us at the borough aforesaid, on the day of next ensuing, all the prisoners being in the said gaol, all their attachments, judgments, and all other minuments touching or any ways concerning those prisoners, and of the venue of every parish and place where the felonies were committed, whereof the said prisoners are indicted, appealed, or arrested, (as well within liberties as without) twenty and four good and lawful men of your said bailiwick, by whom the truth of the matter may be better known and inquired into, and who have no affinity to those prisoners, together with four selected men of the said borough, to do those things, which on the behalf of our said lord the king, shall be then and there* en- [* 175] Crim. Law. (c) From Mr. Nicholl's MS. Y Precept in Westmore. joined them. Publicly, also, cause to be proclaimed throughout your whole bailiwick, that all those that will prosecute against those prisoners be then and there to prosecute against them as shall be just. Give notice also to the mayor and justices of the peace, coroners, escheators, and stewards, within your bailiwick, that they be then and there in their own proper persons, with their rolls, records, indictments, and other remembrances, to do those things which to their offices in that behalf appertain to be done. And that you yourself, together with your under-bailiff and other your ministers, be then and there in your own proper persons, to do those things which to your and their offices appertain to be done in this behalf. And have you then and there the names of the jurors and mayor, justices of the peace, coroners, escheators, and stewards, and of them whom you shall so cause to come before whom, and by whom shall so cause them to come. And that you also have then and there this precept. Dated at Westminster, the eleventh day of July, in the twenty-sixth year of the reign. Blencowe. you Westmoreland. J. P. and K. P. esquires, justices of our sovereign lord the king, assigned to keep the peace in the county of Westmoreland aforesaid, and also to hear and demon Jury at termine divers felonies, trespasses, and other misdemeanours Sessions. (d) committed in the said county, (and one of us of the quorum) To the sheriff of the same county, greeting, on the behalf of our sovereign lord the king, we command you, that you omit not by reason of any liberty, within your county, but that you enter therein, and that you cause to come before us or other justices assigned to keep the peace in the said county, and also to hear and determine divers felonies, trespasses, and other misdemeanours in the said county committed, on the- day of ➡, now next ensuing, at the hour of ten in the forenoon of the same day, at in the said county, twenty-four good and lawful men, of the body of the county aforesaid, then and there to inquire, present, do, and perform all and singular such things as, on the behalf of our sovereign lord the king, shall be enjoined them. Also, that you make known to all coroners, keepers of gaols and houses of correction, high constables, and bailiffs of liberties, within the county aforesaid, that they be then and there to do and fulfil those things which, by reason of their offices, shall be to be done. Moreover, that you cause to be proclaimed through the said county, in proper places, the aforesaid sessions of the peace to be held at the day and place aforesaid and do you be then there to do and execute *176] those things which belong to your office.* And have you : (d) See ante 1 vol. 310, Dalt. J. c. 185. Lamb. $81. Burn, J. juries, and sessions, and see Imp. Off. Sher. 250, 251, as to the form and proceedings. then there as well the names of the jurors, coroners, keepers year of the reign of day of [As to the sheriff's return thereto, and other proceedings, see anie 172 and 174. and Impey's off. sher! 3d ed. 250,1,2, and post 179, &c.] you from the Jus summon the general Ses (e) . Middlesex. We, William Mainwaring, esquire, and the Precept in reverend Sir George Booth, baronet, two of the justices of Middlesex our sovereign lord the king, assigned to keep the peace in tices of the the county of Middlesex, and also to hear and determine peace to the divers felonies, trespasses, and other misdeeds committed in sheriff to the same county, To the sheriff of Middlesex, greeting, on the part of our said lord the king, we command you, that sions for you do not omit for or by reason of any liberty in your baili- Middlesex. wick, (except the liberty of Westminster) (f) but that cause to come before us, and others our fellow justices of our said lord the king, assigned to keep the peace in the said county, and also to hear and determine divers felonies, trespasses, and other misdeeds committed in the same county, at the New Sessions house of Clerkenwell green, in the said county, on, &c. now next ensuing, at the hour of in the forenoon of the same day, twenty-four good and lawful men of the body of your county, to inquire, present, do, and perform, all and singular such things as on the part of our said lord the king shall be enjoined them. Make known also to all the justices of the peace of our said lord the king, in our county aforesaid, that they be there with their rolls, records, and other memorandums, to do those things which in that behalf belong to their offices to be done. And have you then and there the names of the said jurors and this precept. Given under our hands and seals, at the New Sessions house aforesaid, this day of in the year of the reign of our sovereign lord George the third, king of Great Britain, &c. and in the year of our Lord W. M. (L. S.) Oxfordshire, (to wit.) I. B. esquire, sheriff of the county Sheriff's aforesaid, To the bailiff of the hundred of, greeting. (e) Cro. C. C. 6 Ed. 29. 8 Ed. 13. Dalt. J. c. 185. s. 6. p. 512. Dick. Sess. 79. Bac. Ab. Juries, A. and B. 2 Hale, 154. Burn, J. Sessions, 301. tit. Jurors. 1 Burr. 11. and ante 1 vol. 310. (f) The Dean and Chapter of the Collegiate Church of St. Peter, Westminster; the city, bo rough, and town of Westminster, (g) Ante 1 vol. 310. see form Warrant to summon the Assizes, (g) By virtue of the precept of Edward Willes, esquire, and Francis Buller, Esq. justices of our said lord the king, as[* 177] signed to take all the assizes, jurats,* and certificates, &c. I command you that you do not omit, by reason of any liberty within my bailiwick, but that you cause to come before the said justices at Oxford, in the county aforesaid, on the day of next coming, all writs of assize, jurats, and certificates, before whatsoever justices to be taken, &c. and also that you cause to come before his majesty's said justices, at the time and place aforesaid, such, and so many honest and lawful men of the hundred aforesaid, whose names are hereunder written, to do those things which, on the part of our said lord the king, shall be then and there enjoined them. I command you also, that you make public proclamation, inand through the whole hundred aforesaid, that all those who will prosecute against any prisoner, in any prison or gaol in the county aforesaid, that they be then and there present to prosecute against them, as shall be just. And also that you give notice to all justices of the peace, chief constables, coroners, stewards, and bailiffs of liberties, within the hundred aforesaid, that they be then and there with their rolls, records, indictments, and other memorandums, to do those things which in this behalf shall belong unto them to be done. And further, by virtue of the several writs of our said lord the king to me directed, I command you that you have before the said justices of our said lord the king, at the time and place aforesaid, the bodies of the several jurors whose names are hereunder written, to serve upon the several juries hereunder mentioned, and that yourself be there in your own person, to attend, do, and perform all those things which belong to your office; and that you have then and there the names of the said justices, chief constables, coroners, stewards, bailiffs of liberties, jurors, &c. Given, &c. and in the thirtyninth year of the reign of our sovereign lord George the third, by the grace of God, of Great Britain and Ireland king, defender of the faith, and in the year of our Lord Sheriff's warrant to at sessions. (h) 1799. Grand jury. Jury between party and party. Crown jury. N. B. The names are only to be inserted of those, whom each bailiff is to summon. Oxon, (to wit.) J. P. esq. sheriff of the county aforesaid, to.A. B. and C. D. my bailiffs, of the hundred of G. greeting: By virtue of his majesty's writ to me directed, these are in his majesty's name to will and require you, that you forthwith make known, by open proclamation, in every market town, and all other places convenient within your said hundred, that the next general and quarter sessions of the (h) As to the mode of summoning, see ante 1 vol. 310, and see forms and proceedings Imp. Off. Sher. 3d Ed. 252. day of. peace, of and for the county aforesaid,* is to be holden and [* 178] kept at Oxford, in the county aforesaid, on Wednesday, being the next coming, by eight o'clock in the forenoon of the same day; and that you give notice to all justices of the peace, coroners, stewards, gaolers, and chief constables of your hundred, that they be then and there present, to do and perform that which to their several offices doth appertain: and that all those that ought to prosecute any prisoner or prisoners, in the gaol of the said county, or bound over then to appear and answer, be then and there present, to prosecute against them according to law; and also, that you summon and warn the persons whose names are under-written, that they be then and there present to serve on the grand jury, and to enquire, on his majesty's behalf, for the body of the county aforesaid, of all such matters and things as shall be then and there given them in charge, and also that you summon and warn the persons under-written, being able and sufficient freeholders of your hundred, that they be then and there present to serve on the petty-jury, for his majesty's service; and that you yourself be then and there present to make return hereof. And herein neither you nor them may fail, and at your and their perils. Given under the seal of my office, the day of and in the 39th year of the reign of our sovereign lord George the third, by the grace of God of Great Britain and Ireland, king, defender of the faith, and in the year of our lord when there are persons to be called [If there are any persons to be called on their recognizan- Process ces, &c. then if the precept commands the sheriff to summon or distrain, &c. add this :] "I also command you to summon C. D. of, &c. and to distrain the inhabitants of the hundred on recogni. of C. so that they be and appear before the justices afore- zances. (i) said, at the time and place aforesaid, and also that you take E. F. of, &c. J. K. of, &c. so that I may have their bodies before the said justices at the time and places aforesaid, to answer to our said lord the king, of and concerning divers trespasses and other misdemeanours whereof they stand indicted: hereof fail not, as you will answer at your peril. Given under my hand and seal of office," &c. By the same sheriff. [* 179] The return is on the back of the writ, as ante 172, &c. Returns at The panels there alluded to are as follows: assizes of names of the justices, ju Oxfordshire, (to wit.) A calendar of the names of all the justices of peace of our lord the king, coroners, mayors, rors, &c. (k) bailiffs of liberties, rapes and hundreds, within the county (i) See form, Imp. Off. Sher. (k) Imp. Off. Sher. 3d Ed. 256, Sd Ed. 253. 7. |