The Manner of the PROCEED In the Courts of the Great Sessions In the Counties of Mountgomery, Denbigh, and Flint; within North-Wales, as it now is.  
Published by R. V.  
London. Printed, 1653.   

To the Parliament of the Commonwealth of England.  
Right Honourable,  
THIS Sheet of Paper touching the manner of Proceed in the Courts of the great Sessions in the Counties of Mountgomery, Denbigh, and Flint in North-Wales, coming from an experienced and intelligent Person, into my hands, I thought it not unseasonable in this juncture of time, when the Reformation of the Law is the present subject of your Consideration, to offer it to your view and perusal; you will find in it the shortness and cleverness of Proceed, and easiness of charge in those parts, which may something conduce to clear and direct the way Reforming what is amiss in the course of Practice here: It is not my intent to trouble you further, then to pray for Wisdom for you, answerable to the difficulty of the work which you are entrusted with, on behalf of this Common wealth: I am  
Yours, and the Commonwealth's Servant. R. V.   

THE Manner of the Proceed in the Courts of the great Sessions in the Counties of Mountgomery, Denbigh and Flint, within North-Wales, as it now is.  
ABout three weeks before every great Sessions (by warrant from the chief Justice of the Circuit) a general Writ of Summons is sent forth by the Prothonotary to the Sheriff, by which the Sheriff is Commanded to proclaim throughout his County, that the general great Sessions for the County is to be holden, at such a day and place: And that he Summon & give warning to all Justices of the Peace, etc. Officers, and other persons whom it doth concern, that they appear at the day and place limited by the said Writ. Which Proclamation being made, all persons whatsoever (by the course there holden) whether Plaintiffs or Defendants in Suits before depending, or others who intent to Commence any Suits, and also all such who suspect any Suits may be brought against them, are at their perils, according to the general Summons before mentioned, to have their Attorneys in Court to prosecute and defend the said Suits.  
The Sessions being begun, The Plaintiffs who are to Commence Actions, do retain their Attorneys, and bring their Actions, either by original Writ (as is usual for all kind of debts not finable upon the Original) which Writs are made returnable the first day of the Sessions, and dated fifteen days before the Sessions, or else by Bill or Queritur, which may be either for Debt, Trespass, or upon the Case. And whether it be by Original, or else by Bill, or Queritur, the Defendant upon the Original, and first Bill, or Queritur, and all Process (before appearance) thereupon awarded, is ever called in open Court, to come forth and answer to the Plaintiff in such or such an Action (as the case is) and if by Original, the Defendant being thereupon called, and not appearing, than a second Writ of Summons is awarded, returnable the next day after, which being made by the Prothonotary, and sealed with the Judicial Seal of the Court, and returned by the Sheriff, the Defendant is thereupon a second time called openly in Court. And if then the Defendant appear not, the Plaintiff hath Judgement by Default.  
So it is also, in case the Action be brought by Queritur, or Bill, saving only that Judgement is not in that case had before a third Writ of Summons issue, and thereupon the Defendant being the third time called, do make Default: whereas if by Original, there needs but one Writ of Summons, besides the Original itself.  
The first Bill or Queritur, commonly bears date the first day of the great Sessions, or the day when the Attorney sueth it forth, and is returnable the next day after the date of it; whereupon if the Defendant, being openly called in Court, appear not, than a second Writ to Summon the Defendant again is awarded; whereupon if the Defendant being the second time called, appear not, than a third Bill or Queritur, to Summon the Defendant, is awarded; whereupon if the Defendant being called a third time, appear not, than the Plaintiff hath Judgement by Default. And these Writs are successively awarded, and made returnable de die in diem, and the Judgement had in three days at the most, in cases of debt, if the Defendant appear not, but if the Defendant appear, than the Plaintiffs Attorney declares, and upon the Defendants pleading, and not confessing the Action, than issue is joined the same Sessions, and tried the next Sessions after.  
And it is here to be observed, that the awarding of these Process, and obtaining of these Judgements by Default, depend upon the Sheriffs return of any the said Writs, whether the Actions be brought by Original, or by Bill, or Queritur: For if the Sheriff return a Summons (as usually he doth in all cases of Debt, because of the general Summons of the Sessions upon the Writ first before mentioned, by which the Sessions was proclaimed) then those Judgements are obtained as is before expressed. But if the Sheriff return, that the Defendant hath nothing in his Bailiffwick, whereby he may be Summoned (or Attached) as usually he doth in cases of Trespass, and upon the Case, than a Capias to Arrest the Defendant is awarded; and a Writ of Distringas also ad infinitum in cases of Trespass, and issues thereupon returned by the Sheriff, until the Defendant do appear.  
Neither is the Defendant in case of these Judgements thus obtained by Default, any way prejudiced, but by his own Laches or wilfulness: For in all cases of Debt, if he or his Attorney tender an Appearance any day within the Sessions (or after, with consent of the Plaintiffs Attorney, before the Debt sworn) the appearance is accepted. And if he neglect so to do, so that the Judgement stand, yet no Execution can go forth until the Plaintiff do first swear his Debt, and Damages for the forbearance of it, either before the Judges in open Court, or else by special Commission, in which Case also execution of the Writ by the Sheriff (though gone forth) is stayed in the Attorney's hand by Order, till commonly six Weeks or two Months after the Sessions, to the end that the Defendant may satisfy the Debt before the delivery of the Writ to the Sheriff, if he please.  
In prosecution of all which kind of Actions in Debt and Trespass (which are almost the whole business of the Sessions) the parties are not delayed above one or two Sessions, unless by some dilatory Pleas and Demurrers (which seldom happen) and for taking away whereof, some provision may be made: and the Charges, unless in Cases where an issue is pleaded, and trial thereupon had, not commonly above thirty shillings, except where the Debt being above forty pound, is finable to the State, in case the Action be brought by Original, which is an Imposition which the Parliament may take off if they please, and a mere burden only to the party who is sued, when it cometh to be paid. Neither are the People in prosecuting and defending these Actions, enforced to travel out of their own Counties.  
Also in Cases of real Actions (which are very few) the proceeding as speedy, unless it happen by multiplicity of Plead, occasioned by the intricacy of Titles, and variety of Conveyances to be pleaded, which for the most part is avoided, the Conveyances being given in Evidence.  
Those Courts of the great Sessions have a Chancery within themselves, and have had power to relieve in Cases of Equity ever since H. 8. time.  
FINIS.