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A82476 An act of indempnity and free pardon. Tuesday, July 12. 1659. Ordered by the Parliament; that this Act be forthwith printed and published. Thomas St. Nicholas Clerk of the Parliament. England and Wales. 1659 (1659) Wing E1145; Thomason E1074_9; ESTC R208299 5,132 14

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AN ACT OF INDEMPNITY AND Free Pardon Tuesday July 12. 1659. ORdered by the Parliament That this Act be forthwith Printed and Published Thomas St. Nicholas Clerk of the Parliament LONDON Printed by John Field and Henry Hills Printers to the Parliament And are to be sold at the seven Stars in Fleet-street over against Dunstans Church 1659. AN ACT OF INDEMPNITY AND Free Pardon IT having pleased Almighty God after a violent illegal Interruption to restore the Parliament of this Common-wealth to its former Station and with it to revive and re-establish the Government of these Nations in the way of a Free State without a King Single Person or House of Peers And whereas during the said Interruption and the various Changes and Alterations which followed many things have been Attempted Done and Acted inconsistent with the Interest of this Commonwealth and contrary to Law of which notwithstanding the Parliament being desirous by all good ways and means and with all convenient speed to remove all Iealousies Doubts Distrusts and Fears which may remain upon the hearts of many of the people of these Nations in reference to such their by-past Actings and that their Mindes Persons and Estates may be Composed Quieted Setled and Secured and all Disputes Questions and Troubles thereupon arising and all displeasure and evil will thereby occasioned may be Annulled Extinguished and buried in perpetual Oblivion so that the Government now again restored may be chearfully complyed with Have Enacted and Ordained and be it Enacted and Ordained by this Present Parliament and by the Authority of the same That all and every person and persons Bodies Politique and Corporate of or within England Scotland and Ireland or any of them or the Dominions and Territories to them or any of them belonging or appertaining who have at any time since the nineteenth of April in the year of our Lord One thousand six hundred fifty three and before the first of June One thousand six hundred fifty nine Advised Counselled Acted or done or Commanded or appointed to be acted or done or have consented to permitted or suffered to be acted and done any matter or thing whatsoever tending to or concerning any change or alteration of the Government of these Nations from a Commonwealth or Free-State or tending to the abetting or countenancing such change or alteration or in pursuance of such change or alteration or by vertue or colour of any Authority derived mediately or immediately of or from any convention or assembly called or reputed a Parliament or by vertue or colour of any Writ Commission Letters Patents Instruction or Instructions of or from any person or persons Tituled Reputed or taken to be Lord Protector or Chief Magistrate of this Commonwealth or Commander in Chief of the Forces or Armies of this Common-wealth or by any other Pretence Warrant Command or Commands whatsoever from them or any of them or their or either of their respective Councils or any Member of such Council or Councils or from any other person or persons whatsoever Deriving Authority from them or any of them That all and every such person and persons and all such Counsellors Advisors Actors and abettors their Heirs Executors and Administrators of them and every of them and all Bodies Corporate and Politique and their Successors for ever shall be and are hereby fully acquitted pardoned released indempnified discharged and saved harmless of and from all and all manner of Treasons Misprisions of Treasons Offences Crimes and Misdemeanors whatsoever by them or any of them committed acted done suffered or consented unto of what nature quality or kinde soever the persons or crimes be or may be deemed in reference to the several changes in Government and actings thereupon as aforesaid since the first day of April in the year of our Lord One thousand six hundred fifty three and before the first day of June One thousand six hundred fifty nine and of all and all manner of Indictments Impeachments Informations Actions Suits Prosecutions Iudgements Executions Molestations and Demands whatsoever for or by reason of or concerning the same be it either for or on the behalf of the Keepers of the Liberty of England by Authority of Parliament or the Parliament of this Common-wealth or by for or on the behalf of any person or persons whatsoever for or concerning the same And also Be it Enacted by the Authority aforesaid That this Act and Free Pardon shall be as good and effectual in the Law to every the persons aforesaid in for concerning and against all things before mentioned or intended as the same Pardon should have been if all and every the offences Offenders Crimes Causes Matters Indictments Impeachments Informations Actions Suits Quarrels Iudgements Executions Penalties and all other things herein contained or concerned had been particularly specially and plainly named rehearsed and specified and also Acquitted Pardoned and discharged by proper and express words and names in their kindes natures and qualities by words and terms thereunto requisite to have been put in and expressed in this present Act of Free Pardon And furthermore That the said Pardon by the General Words Clauses and Sentences before rehearsed shall be Reputed Deemed Adjudged Expounded Allowed and taken in all manner of Courts of Iustice and elsewhere most beneficial and available to all and singular the persons before Meant Mentioned or Intended and to every of them without any Ambiguity Question or Delay whatsoever to be Made Pleaded Objected or Alledged by the Attourney General of the Commonwealth or by any person or persons for or on the behalf of the said Keepers of the Liberty of England or on the behalf of the Parliament or on the behalf of any other person or persons whatsoever And be it further Enacted and Declared That all Fines Recoveries Verdicts Iudgements Statutes Recognizances Inquisitions Indictments Presentments Informations Decrees Sentences Probates of Wills Granting of Letters of Administration Writs Returns of Writs Orders Acts and other Proceedings relating to the administration of Iustice according to Law or Equity had made given taken or done or Depending in the Courts of Chancery Vpper-Bench Common-Pleas and Court of Exchequer by any the Commissioners Iudges Sheriffs Coroners or Ministers thereof respectively or by any other the Iudges Commissioners or Ministers of any Court of Record Court of Admiralty or Delegates or other Court of Law or Equity or by or upon Commissions of Assize and Nisi prius of Oyer and Terminer Goal-Delivery Commissions of the Peace or upon any Commission of Sewers Bankrupts Charitable Vses or other Commissions relating as aforesaid and all Process and Proceedings therein or thereupon had made given done or suffered in England Scotland or Ireland or either of them or the Dominions and Territories to them or either of them belonging or appertaining since the Nineteenth day of April in the year of our Lord One thousand six hundred fifty three and before the First day of June One thousand six hundred fifty nine shall not
be questioned or avoided for want of Legal Power in the said Commissioners Iudges and Ministers respectively or by reason of the Change or Alteration of the Name Stile Title or Teste of Writs Process or Proceedings or that they have not been in the Name of or before the Keepers of the Liberties of England by authority of Parliament but that such Fines Recoveries Verdicts Iudgements Statutes Commissions Recognizances Inquisitions Indictments Presentments Informations Decrees Sentences Probates of Wills Administrations Writs Returns Process and Proceedings Orders Acts and Things as aforesaid shall be of such and of none other Force Effect and Vertue then as if such Commissioners Iudges and Ministers respectively had Acted by vertue of a True Iust Legal Power and Authority Provided always That this Act shall not extend to confirm or make good any pretended Title of Honor Dignity or Knighthood pretended to be conferred given or granted by Writ Patent or otherwise to any person or persons within England Scotland or Ireland or the Dominions and Territories thereunto belonging since the said nineteenth day of April in the year of our Lord one thousand six hundred fifty and three and before the said seventh day of May in the year of our Lord one thousand six hundred fifty nine But that all and every such pretended Titles of Honor Dignities and Knighthood are hereby declared to be null and void Provided also and be it Enacted That those Persons who were esteemed and taken to be Commissioners of the publique Treasury by colour or pretence of any Grant of that Office made unto them since the nineteenth of April in the year of our Lord one thousand six hundred fifty three and before the seventh day of May in the year of our Lord one thousand six hundred fifty nine shall be and are hereby Indempnified and Pardoned for such Acts as have been done by them in pursuance or pretence of that Authority for the bringing in and issuing out of the publique Revenue of the Nation Provided also That this Act shall not extend to make good or confirm the Grant of any Office or Place of Trust given or granted or pretended to be given or granted by Patent Charter or otherwise since the nineteenth day of April in the year of our Lord one thousand six hundred fifty three and before the seventh day of May in the year of our Lord one thousand six hundred fifty nine But that all such be and are hereby declared to be in the disposal of this Parliament any thing in this Act to the contrary notwithstanding other then such Offices and Places as have been disposed by or derived from any person or persons who had Power to dispose thereof by Authority of Parliament before the twentieth day of April in the year of our Lord one thousand six hundred fifty three although such Places or Offices have been disposed since Provided always That this Act shall not extend nor be construed to extend to any matter or thing exhibited or depending in Parliament since the seventh day of May in the year of our Lord one thousand six hundred fifty nine and before the twelfth of July one thousand six hundred fifty nine for their judgement or resolution And be it further Enacted by the Authority aforesaid That all Moneys already paid for necessary Salaries and Allowances had or made to any person or persons for the Administration of Iustice or for the bringing in or issuing out of the publique Revenue or for the preservation of the Commonwealth by the Armies Navies or Garrisons or for Augmentation Increase of Maintenance or Allowance to any Ministers Lecturers Schoolmasters Members of Vniversities or Colledges or to Ambassadors or other publique Ministers imployed into Forein parts or for the carrying on of the Publique and necessary Affairs of the three Nations shall be and are hereby made good and allowed and the persons who received the same discharged and Indempnified And be it further Enacted that all and every Person and Persons Bodies Politique and Corporate comprised within and intended to be Pardoned or Indempnified by this present Act or which are Pardoned Indempified or intended to be Pardoned or Indempnified by any other Act Ordinance or Order of this present Parliament shall and may in all Suits Indictments or other prosecution plead the general Issue and give this Act or any other of the said Acts Ordinances or Orders of this present Parliament in Evidence and if upon any Trial or other Proceedings it shall appear to the Court Iudge Iudges or Iury or other persons before whom such Trial or proceedings shall be had that the party or parties claiming Indempnity or Pardon ought to have Indempnity or Pardon according to the true intent and meaning of this present Act and all or any the aforesaid Acts Ordinances or Orders of this present Parliament then such Iudge Iudges Iury and other Persons and every of them respectively are hereby Authorised and required to allow the same and him or them accordingly Indempnifie and discharge according to the true intent and meaning of the aforesaid Acts Ordinances and Orders of Parliament to all intents and purposes whatsoever and are hereby Authorised and required to put in execution all and every the said Powers in as full and ample maner as any Committee or Commissioners for Indempnity by Authority of Parliament were enabled to do and all persons concerned therein are hereby required and enjoyned to take notice hereof and to yield obedience accordingly And be it further Enacted by the Authority aforesaid that in case any Suit is or was depending in any Court of Law or Equity the Ninth day of July in the year of our Lord One thousand six hundred fifty and nine or before for or concerning any matter cause or thing acted or done by any person or persons whatsoever since the third day of November in the year of our Lord One thousand six hundred and forty for the service and advantage of the Parliament or Commonwealth and any Trial at Law is already had or any Iudgement or Execution thereupon obtained against any Person or Persons whatsoever for the same that the Iudges of the said Court where any such Suit or Cause is or was depending are hereby Enabled Authorised and Required to examine the same upon Oath which the said Court is hereby Authorised to Administer to any witnesses that shall be therein produced on either Party upon Complaint to them to be made and to give relief therein to all and every the persons that are or have been so sued and ought to be Indempnified and Relieved and also to give such Costs to him or them that shall be so Relieved therein as to the said Court shall be thought meet Provided always That this Act nor any thing therein contained shall be Adjudged Construed or taken to Discharge or Indempnifie any person or persons who have Farmed the Excise and New Impost or Customs or any part thereof who have not payed in the Arrears of Money due to the Commonwealth for the Rent or Rents of their respective Farms or shall not pay in the same at such days and times as the Committee for Inspection of the Treasuries shall think fit or otherwise that the said Farmers shall have no benefit of this present Act Provided always That no person of the age of sixteen years and upwards and being of sane Memory who shall Claim or Demand benefit of Indempnity or Pardon by virtue of this Act be admitted thereunto until it appear to such person or persons before whom such Claim or Demand is made That the said persons so Claiming or Demanding hath made and subscribed or shall then subscribe this Declaration following That is to say I do Declare That through the gracious assistance of Almighty God I will be true faithful and constant to this Commonwealth without a single Person Kingship or House of Peers Tuesday 12 of July 1659. ORdered by the Parliament That this Act be forthwith Printed and Published THO. St NICHOLAS Clerk of the Parliament