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A04083 An act for the Kings Maiesties most gracious, generall, and free pardon; Public General Acts Ireland. 1635 (1635) STC 14136; ESTC S101136 11,757 16

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AN ACT FOR THE KINGS MAIESTIES MOST GRACIOVS GENERALL AND FREE PARDON DUBLIN Printed by the Society of Stationers M.DC.XXXV Caroli Regis AN ACT FOR THE KINGS MAIESTIES MOST GRACIOVS GENERAL AND FREE PARDON THE Kings Maiestie most graciously considering the good-will and faithfull hearts of his most louing and obedient Subiects which as at all times so at this present especially they hauing with most dutifull affection shewed towards his Highnes and vnderstanding that the same his louing Subiects haue many and sundry wayes by the Lawes and Statutes of this Realme falue into the danger of diuers great penalties forfeitures is of his Princely and merciful disposition most graciously inclined to extend vnto them his liberall and free Pardon trusting they wil be the rather moued induced henceforth more carefully to obserue his Highnes Lawes Statutes and to continue in their legall due obedience to his Maiestie And therefore his Maiestie is well pleased and contented that it bee enacted by the authoritie of this present Parliament and be it enacted by the authority of the same in manner and forme following that is to say That all and euery the said Subiects aswell Spirituall as Temporall of this his Highnes Realme of Ireland the Heires Successors Executors Administrators of them euery of them all and singular bodies in any manner of wise corporated Litties Burroughs Shires Hundreds Baronies Townes Villages Hamlets and Tythings and euery of them and the Successor and Successors of euery of them shal be by the authority of this present Parliament acquitted pardoned released discharged against the Kings Maiestie his Heires and Successors and euery of them of all manner of Treasons Felonies Offences Contempts Trespasses Entries Wrongs Deceits Misdemeanors Forfeitures penalties and summes of money paines of death paines corporall and pecuniarie and generally of all other things causes quarrells suits iudgments and executions in this present Act hereafter not excepted nor fore-prised which may be or can be by his Highnes in any wise or by any meanes pardoned before and vnto the three and twentieth day of May last past to euery or any of his said Subiects Bodies corporate Cittyes Burroughs Shires Hundreds Baronies Townes Villages and Tythings or any of them And also the Kings Maiestie is contented that it be enacted by authoritie of this present Parliament and be it enacted by the authoritie of the same that this his said free Pardon shal be as good effectuall in the Law to euery of his said Subiects bodies Corporate and others before rehearsed in for and against all things which be not hereafter in this present Act excepted fore-prised as the same pardon should haue been if all offences contempts forfeitures causes matters suits quarrells iudgements executions penalties and all other things not hereafter in this present Act excepted and fore-prised had beene particularly singularly especially and playnely named rehearsed and specified also pardoned by proper and expresse words and names in their kindes natures and qualities by words and tearmes thereunto requisite to haue beene put in and expressed in this present Act of free pardon And that his said Subiects nor any of them nor the Heires Executors or Administrators of any of them nor the said bodies corporate and others before named and rehearsed nor any of them be nor shal be sued vexed or inquieted in their Bodies Goods Chattles Lands or Tenements for any manner of matter cause contempt misdemeanor forfeiture trespasse offence or any other thing suffered done or committed before the said three and twentieth day of May last past against his Highnesse his Crown Dignity prerogatiue Lawes or Statutes but onely for such matters causes and offences as be rehearsed mentioned or in some wise touched in the exceptions of this present Act to be foreprised and excepted and for none other any Statute or Statutes Lawes Customes or Vsages heeetofore had made or vsed to the contrary in any wise notwithstanding And the Kings Highnesse of his bounteous liberality by the authority of this present Parliament granteth and freely giueth to euery of his Subiects and to euery of the said bodies corporate other before rehearsed and euery of them all Goods Chattels debts fines issues profits amerciaments forfeitures and summes of money by any of them forfeited which to his Highnes doe or should belong or appertaine by reason of any offence contempt trespasse entry misdemeanor matter cause or quarrell suffered done or committed by them or any of them before the said three twentieth day of May last past which bee not hereafter in this present Act fore prised and excepted And be it enacted neuerthelesse that all grants thereof or of any part thereof made by any such as haue so forfeited the same and are hereby restored as aforesaid and all Executions thereof or of any part thereof had against any such after such forfeiture thereof committed or made shall be of such force and effect as if no such forfeiture thereof had beene had or made and of no other The same forfeiture or any thing before in this Act to the contrary notwithstanding And that all euery the Kings said Subiects and all and singular bodies corporate others before rehearsed may by him or themselues or by his or their Deputie or Deputies or by his or their Attourney or Attourneyes according to the Lawes of this Realme plead and minister this present Act of free pardon for his or their discharge of for any thing that is by vertue of this present Act pardoned discharged giuen or granted without any Fee or other thing paying to any person or persons for writing or entry of the Iudgments or other cause concerning such plea writing or entry but only sixteene pence to bee payed to the Officer or Clerke that shall enter such plea matter or Iudgment for the parties discharge in that behalfe any Law Statute Vsage or Custome to the contrary notwithstanding And furthermore the Kings Maiestie is contented pleased That it be enacted by the authority of this present Parliament that this his said free pardon by the generall words clauses and sentences before rehearsed shal be reputed deemed adiudged expounded allowed taken in all manner of Courts of his Highnesse and elsewhere most beneficiall and availeable to all and singular the said Subiects bodies corporate and others before rehearsed to euery of them in all things not in this present Act excepted or fore-prised without any ambiguitie question or other delay whatsoeuer it shall be to be made pleaded obiected or alledged by the King our Soueraigne Lord his Heires or Successors or by his or any of their generall Attourney or Atourneyes or by any person or persons for his Highnesse or any of his Heires or Successors And furthermore it is enacted by the King our Soueraigne Lord and by the authoritie of this present Parliament That if any Officer or Clerke of any his Highnesse Courts commonly called the Chantery Kings
taking into his gracious Princely consideration that many of his said Subiects haue beene yet are continually to their exceeding great charges expences troubled molested for sundry diuers Issues Fines Amerciaments forfeited Recognizances other forfeitures due to his Maiestie which bee continually written for in schedula Pipe in his Maiesttes Court of Exchequer is graciously pleased that it bee enacted bee it enacted by the authoritie aforesaid That all such Issues Fines Americiaments forfeited Recognizances other forfeitures as before the said 23. day of May last past haue been drawne downe in schedula Pipe not already receiued nor totted vpon the accompt of any Sheriffe nor granted nor affigned nor to be granted or assigned as aforesaid shall by this free gracious generall pardon be treely clearely to all intents and purposes exonerated pardoned and discharged that from henceforth no further processe shal issue for levying or collecting the same And yet neuerthelesse all Estreats of such Fines Issues and Americaments as be now pardoned by this Act. which be already estreated forth of the Court of Exchequer bee remaining in the hands of the Sheriffe Under-sheriffe or Bayliffe for collecting of the same Fines Issues Imerciaments shall vpon the returne of the same Estracts be orderly charged and deliuered by Scrowes into the Office of the Pipe in the Court of Exchequer as heretofore hath beene accustomed to the intent that thereupon order may be taken that his Maiestie may be truely answered of all such Fines Issues and Amerciaments not by this Act pardoned and which any Sheriffe Under-sheriffe Bayliffe or other Officer or Minister hath receiued or ought to answere by force or colour of any such Estreat Processe or precept to him or them made for the levying thereof and yet that not withstanding all euery Sheriffe and Sheriffes and other accomptant vpon his or their Petition or petitions to be made for the allowance of any such Fines Issues amerciaments as by this Act is pardoned shall haue all and euery such his and their petition allowed in his and their accompt and accompts without paying any Fee or Reward to any Officer Clerke or other Minister for the making entring or allowing of any such petition or petitions any vsage or custome to the contrary thereof notwithstanding And also excepted out of this Pardon all such persons as bee and remaine still attainted or condemned and not already pardoned of or for any Rebellion or levying of Marre or of or for any conspiracy of any Rebelliō or levying of Marre within this Realme or in any other the kings Dominions And also excepted all false forging and counterfeiting of any Commission or Commissions to enquire of any Lands Tenements or Hereditaments And also all false forging and counterfeiting of any vntrue Certificate or returne of any Commission or Commissions obtayned or gotten forth of any Court or Courts or by warrant from the Lord Deputie or other chiefe Gouernour or Gouernours of this Realme to enquire of any Lands Tenements or other things whatsoeuer And all manner falsifying of any particular or of any Bill or Bills Fyant or Fyants signed by his Maiestie or by his Deputy or other chiefe Gouernour or Gonernours Commissioner or Commissioners in that behalf authorized after the engrossing thereof and before the passing the same vnto the Great Seale And also excepted out of this pardon all goods chattles debts actions and suits already forfeited or whereof any right or tittle is accrued and growne to the kings Maiestie by reason of any Out lawrie whereof the kings Maiestie by his Hignesse Letters Pattents or otherwise hath before the last day of this present session of Parliament made any grant covenant or promise to any person or persons whatsoeuer Prouided alwayes and be it enacted by the authority aforesaid that it shall and may be lawfull to and for all and euery Clerke and other Officers of the kings Courts to award and make Writs of Capias ut lagatum at the suite of the party plaintiffe against such persons out-lawed as be pardoned by this Act to the intent to compell the defendant and defendants to make answere to the plaintiffe or plaintiffs at whose suite he or they were outlawed And that euery person so out-lawed shall sue a Writ of Scire facias against the party or partyes at whose suite he or they were so out-lawed before this Pardon in that behalfe shal be allowed to him or them that is so out-lawed Prouided also and bee it enacted by the authority of this present Parliament That this Act of generall Pardon shall not in any wise extend to any person out-lawed vpon any Writ of Capias ad satisfaciendum vntill such times as the party so out-lawed shall latiffie or otherwise agree with the party at whose suite the same person was so out-lawed or condemned Prouided also and be it enacted by the authority aforesaid that neither this Act nor any thing therin contained shall not extend to pardon or discharge any offence committed or done by any Commissioner Captaine or other person whatsoeuer in the corrupt taking or hauing of any Money or other gift or reward for the changing releasing or discharging of any Souldiour prest or appointed to serue his Maiestie in defence of the Realme or otherwise Prouided alwayes and be it enacted that this Act nor any thing therein contayned shall not extend or be construed to pardon or discharge any Debt Accompt Fine Amerciament Arrerage or other dutie for which any Seisure or Enstallment hath beene made vpon such Seisure or Enstallment any thing answered to his Maiestie sithence the beginning of his Maiesties Raigne nor to pardon or discharge any Recognizance Obligation or Bond which is not yet forfeited or being forfeited is already giuen granted or assigned by his Maiestie or by his Letters or Marrant vnder his pridy Signet directed to be giuen granted or assigned vnto any person or persons whatsoeuer Prouided alwayes bee it enacted by the authority aforesaid that if any of the grants made or directed to be made as aforesaid of any debts duties penalties or summes of money mentioned in the aforesaid Exceptions or any of them shal be hereafter surrendered revoked or otherwise determined or avoyded That then and from thenceforth the said debts duties penalties summes of money shall by this gracious and free Pardon be pardoned and discharged as if no such clause had beene inserted in any of the said Exceptions
King by reason of any Act Statute or statutes which forfeitures panalties summes of money be converted into the nature of debts by any Iudgment order or decree or by the agreement of the offend or or offendors fithence the beginning of the raigne of our late gracious Soueraigne King Iames of samous meinory And also excepted all forfeitures of all Leases Estates or Iuterests of any Lands Tenements or Hereditaments holden of out Soueratgue Lord the Kings Maiestie by knights seruice or in sorage in Capite or otherwise by knights seruice made in one or seuerall assurances or leases for any tearme or tearmes of yeares whereupon the olde and accustomed rent or more is not reserued And also excepted all first fruits and twentieth parts growne due since the beginning of his Maiesties Raigne and at this present being due to be payed to his Maiestie by force of any Act or Statute or otherwise And also excepted all penalties and forfeitures whereof there is any verdier since the beginning of his Maiesties Raigne in any suite giuen or past for the Kings Maiestie And also excepted all forfeitures and other penalties and profits now due accrued and growne or which shall or may be due accrow or grow to the Kings Maiestie by reason of any offence misdemeanor or contempt or other Act or Deed had suffered committed or done contrary to any Act Statute or Statutes or contrary to the common Lawes of this Realine and whereof or for the which any action bill plaint or information at any time within eight yeares next before the last day of this present session of Parliament hath beene or shal be exhibited cōmenced or sued in the Courts of Castie-Thamber or Exchequer-Chamber or in any the Kings Maiesties Courts at Dublin now is or the said last day of this Session of Parliament shall be there depending remaining to be prosecuted or whereof the Kings Maiestie by his Letters Pattents vnder his great Seale of England or Ireland or by any Letter or Warrant vnder his Highnesse priuy signet of England hath heretofore made or directed to be made any gift or assignment to any person or persons whatsoeuer And also excepted out of this generall free pardon all offences contempts disorders covins frauds deceits misdemeanors whatssoeuer heretofore committed or done by any person or persons whereof or for the which any suite by bill plaint or information at any time within foure yeares next before the last day of this present Session of Parliament is or shall be commenced or exhibited in the Tourt of Castle-Chamber at Dublin shall be there the same last day of this Session of Parliament depending or whereupon any sentence or decree is giuen or entred And also excepted out of this Pardon all offences of periuries the subornation of witnesses offences of forging counterfeiting of any false deeds escripts or writings or of any examinations or testimonies of any witnesse or witnesses tending to bring an person or persons into danger of his life and the giuing of the same in evidence the counselling or procuring of any such counterfeiting or forgeing to be had or made And all false malicious conspiracies to bring any person or persons into danger of his life And also excepted out of this Pardon all euery offence or offences touching or concerning the carrying sending or conveying ouer the Seas out of this Realme of any gold siluer Iewels or any coyne of gold or siluer coutrary to the lawes or Statutes of this Realme vnlesse it were by the licence of the Kings Maiestie or of the Lord Deputie or other chiefe Gouernour or Gouernors of this Realme And also excepted out of this Pardon all offences of Heresse Schisme Incest Adultery Fornication Simonie all Usury where any interest hath beene receiued or taken aboue the rate proportion of ten pounds for the loane or forbearance of one hundred pounds for one yeare and so ratably for a greater or lesser summe or for a longer or shorter time all misdemeanors disturbances committed or made in any Church or Chappell in the time of Common-prayer preaching or diuine seruice there vsed to the disturbance thereof all out-lawries prosecutions vpon the same And also excepted all offences of drawing of Weapons vnlawfull striking or giuing of blowes all other force violence committed or done in any Tearme-time in the view of any the Kings Courts iudicially sitting at or in the kings Courts at Dublin or defore the Iudges of Assize in their seuerall Circuits for the which any person or persons now stand indicted convicted or attainted in any of his Maiesties said Courts And also excepted all offences wherby any person may be charged with the penaltie danger of Praemunire of the which offence or offences any person standeth already indicted or otherwise lawfully condemned or convicted And also excepted all dilapidations for which any Suite is or before the end of this Session of Parliament shal be depending And also excepted all offences whatsoeuer in Shipping or willingly assenting or causing to bee shipped to bee transported into any the parts beyond the Seas out of the obedience of his Matestie any Gunnes Ordinance Shot or Gun-mettall contrary to the Lawes Statutes of this Realme without Licence of his Matestie or of the Lord Deputie or other chiefe Gouernour or Gouernors of this Realme in that behalfe first had obtained And also all such as covenously or by consent or for the reliefe of any such as haue offended in or against any popular or penall Statute haue for the same offence or offences exhibited any action bill plaint information or suit against any such offendor or offendors And also excepted all offences in taking away imbezelling or purloyning any the kings Maiesties Goods Money Chattles Iewels Armor Munition Ordinance or Habiliments of warre And also excepted out of this pardon all manner of Extortions Briberies whatsoeuer And also excepted all covins fraudes deceipts other diforders misdemeanors whatsoeuer heretofore committed or done by any Steward of his Maiesties Manors or Courts Sheriffe or Under sheriffe or by any officer or minister in any of his Highnes Courts or any wayes trusted or imployed in or about his Maiesties Lands or Reuenue in or by reason or colour of any of their offices or places or any their Deputies or Clerkes all offences of ayding comforting assisting or procuring of any Sheriffe Under-sheriff or any such Officer Minister or Clerke in contriuing doing or executing any such extortion exaction covin fraud deceit disorder or misdemcanor And also excepted out of this Pardon all Issues Fines Amerciaments lost imposed assessed offered or taxed since the beginning of his Maiesties Raigne And also excepted all Issues Fines Amerciaments returned afferred taxed set or entred seuerally or particularly in any Court of Record at Dublin And yet neuerthelesse his Maiestie of his abundant grace fauour towards all his louing Subiects