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authority_n act_n parliament_n power_n 4,990 5 5.0858 4 true
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B09018 An act for indempnifying of such persons as have acted for the service of the publique At the Parliament begun at Westminster the 17th day of September, an. Dom. 1656. England and Wales. Laws, statutes, etc. 1657 (1657) Wing E1042A; ESTC R175017 2,208 8

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AN ACT FOR INDEMPNIFYING OF Such PERSONS as have Acted FOR THE Service of the Publick At the Parliament begun at Westminster the 17th day of September An. Dom. 1656. EDINBVRGH Re-printed by Christopher Higgins in Harts Close over against the Trone Church 1657. AN ACT FOR INDEMPNIFYING OF Such Persons as have Acted for the Service of the PUBLICK WHereas the Parliament his Highness the Lord Protector and the Council by reason of some late Rebellions and Insurrections within this Common-wealth and upon occasion of many dangers and troubles threatned from beyond the Seas have been necessitated to imploy divers Persons in their Service for suppressing the said rebellious Insurrections and for securing the Peace and carrying on the Publick Service of these Nations which the said Persons have willingly engaged in whereof his Highnesse and Parliament well approving and being fully satisfied of their Fidelity and Integrity in such their Actings and that their Endeavors tended only to the Security and Advantage of the Publick and Reformation of these Nations without any sinister respects of their own and therefore conceive themselves to be obliged in Honor and Iustice that they be protected and acquitted from any Suit Action Prosecution or Molestation for or in respect of such Service Be it therefore Enacted by his Highnesse the Lord Protector and this present Parliament and the Authority thereof That all and every person and persons who have before the twentieth day of June One thousand six hundred fifty and seven mediately or immediately acted or done or commanded or appointed to be acted or done or by command or appointment have acted or done any matter or thing whatsoever by Vertue or Authority of Parliament his Highnesse the Lord Protector or the Councill by any Commission or Instructions from them or any of them That every such person and persons shall be and are hereby fully Acquitted Pardoned and Discharged of and from all Actions Suits Indictments Informations Prosecutions Iudgements Executions and Molestations whatsoever for or concerning the same but that such their Actings and Service and whatsoever hath ensued thereupon shall in no time hereafter be called in question whatsoever be the Quality of the person or of whatsoever kind or degree Civil or Criminal the Offence or Injury is supposed to be And that no mention be made thereof in time to come in Iudgment or Iudicial Proceedings but that the same be had and put in perpetual Oblivion And that the said Council for all Acts done or advised to be done by them as aforesaid shall be and are hereby likewise Acquitted Pardoned and Discharged to all intents and purposes aforesaid And it is further Enacted by the Authority aforesaid That Richard Hill Esq Samuel Wilson John Sparrow Humphrey Blake Robert Turpin and Richard Blackwal the late Commissioners for Prize-Goods and John Carleton Treasurer and every of them shall be and are hereby Indempnified and Discharged for and concerning the Payment of all such Sum and Sums of Money which by Order of his Highnesse and Council they or any of them have paid in to the use of the Commonwealth And that the said late Commissioners for Prize-Goods and the said Treasurer shall not be lyable to any Suit or Action for the Payment of the said Sums of Money or any part thereof And be it further Enacted by the Authority aforesaid That all Acts Ordinances and Orders of Parliament which have heretofore been made for the Encouragement Indempnity and saving harmless of such persons as have in any sort either by Sea or Land Engaged Acted or done any matter or thing whatsoever by Authority or for the service or benefit of the Parliament and every Clause Article and Sentence in them or any of them contained shall stand and remain and be in full force effect and vertue and be put in practice and execution and be pleadable and made use of in all Courts of Iustice as fully and absolutely to all intents and purposes as if the same had been now made particularly for such purpose And be it Ordained and Enacted by the Authority aforesaid That all and every the Words Clauses and Sentences in this Act and in all and every other the Acts Ordinances and Orders of Parliament shall be adjudged expounded and taken in all Courts and proceedings of Iustice and else-where most beneficial and available unto all and singular the persons that have so acted or done by any Authority as aforesaid or for the service or benefit of the Parliament or otherwise as aforesaid And for further relief and ease of the persons aforesaid It is likewise Enacted That if upon any Tryal or Proceedings in any Court of Iustice it shall appear unto the Iudge or Iudges before whom such tryal or proceedings shall be had or made that the party that hath so acted by the Authority as aforesaid or for the service or benefit of the Parliament or otherwise as aforesaid hath not had or cannot have such full benefit and just relief as by this and other Acts Ordinances and Orders of Parliament was intended or provided Then such Iudge and Iudges shall and are hereby required to make Certificate thereof to the Barons of the Exchequer upon which Certificate the said Barons or any two of them shall have Authority and are hereby impowered authorized and required upon such Certificate and Complaint of the party grieved to proceed and do therein to all intents and purposes And they have hereby given unto them the same and like Powers Authorities Iurisdictions and Course of Proceedings in all Causes for relief of such party or parties grieved in any the premises as any Committee or Commissioners of or for Indempnity appointed by Authority of Parliament had or might have lawfully exercised And it is hereby lastly Ordained That all and every the matters and things in this Act mentioned and intended shall be adjudged and deemed to be within all and every the said Acts Ordinances and Orders of Parliament as if the same had been particularly expressed and comprised in the same and to have relief and be proceeded in accordingly Provided That nothing in this Act be construed or understood to revive the Power of the said Committees in any of the former Acts or Ordinances of Parliament named so as to enable the said Committees to intermeddle in the execution of any of the said Acts or Ordinances EDINBVRGH Re-printed by Christopher Higgins in Harts Close over against the Trone Church Anno Dom. 1657.