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cause_n authority_n jurisdiction_n power_n 1,683 5 4.9363 4 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A74507 An ordinance for relief of persons that have acted in the service of the Parlament. England and Wales. Lord Protector (1653-1658 : O. Cromwell); England and Wales. Council of State. 1654 (1654) Thomason E1063_22; ESTC R209564 1,528 4

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AN ORDINANCE For Relief of Persons that have acted in the service of the PARLAMENT WHereas many good and necessary Acts Ordinances Orders of Parlament 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 or Acted or Commanded to be done any matter or thing whatsoever by Authority or for the service or benefit of the Parlament And Committees having been appointed to take care therein And that Iustice should be done accordingly the Power of which Committees being determined and so no course settled for Parties grieved His Highness having a continued and lively Sense of such mens undertakings and hazards for the Service of the Publique in times of eminent danger and extremity And being willing that full remedy should be provided for their safety Doth by and with the Consent and advice of His Council Declare Establish and Ordain That all and every the said Acts Ordinances and Orders of Parlament and every Article Clause and Sentence in them or any of them contained shall stand remain and be in full force effect and virtue 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 particularly made for such purpose And it is further Declared Established and Ordained That the words Clauses and sentences in all and every the said Acts Ordinances and Orders of Parlament shall be adjudged expounded and taken in all Courts and proceedings of Iustice and else where most beneficial and available to all and singular the Persons that have so Acted or done by Authority or for the Service or benefit of the Parlament And if upon any Tryal or Proceedings in any Court of Iustice it shall appear unto the Iudge or Iudges before whom such Tryal or Proceeding shall be had or made That the Party that hath so acted by the Authority or for the service or benefit of the Parlament hath not had or cannot have such full and just Relief therein as by the said Acts Ordinances or Orders of Parlament was intended or provided Then such Iudge or Iudges shall and are hereby Required to make Certificate thereof to the Barous of the Exchecquer upon which Certificate the said Barons or any two of them shall have Authority and are hereby Impowred 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 Iurisdiction and Course of proceeding in all Causes for relief of such partie or parties grieved in the premisses as any Committee or Commissioners of or for Indemptnity appointed by Authority of Parlament had or lawfully might have exercised And be it further Ordained by the Authoritie aforesaid That where any person that ought to have been Indempnified by the true meaning of the said Acts and Orders of Indempnity hath any Iudgement or Verdict already obtained against him at Law for any matter or thing for which he ought so to have been indempnified by reason whereof he is disabled to plead his matter of Indempnity before the said Iudges before mentioned that then in every such case upon complaint exhibited before the said Barons of the Exchequer setting forth his case and alleaging such matter for his Indempnity as that Court shall Iudge sufficient and also give in such Security as the said Barons shall approve of to pay Costs unto the party molested or drawn so in question before the said Barons in case he shall not prove the suggestion of his said Complaint The said Barons in such special case also may proceed to do therein for Indempnifying the said party grieved as hereby they are Authorized to do upon the Certificate of the Iudges before mentioned Provided alwaies That nothing in this Ordinance be Construed or understood to revive the power of the said Committees in any the former Ordinances or Acts of Parlament named so as to enable the said Committees to intermedle in the execution of any the said Acts or Ordinances Thursday March 23. 1653. ORdered by his Highness the Lord Protector and his Council That this Ordinance be forthwith printed and published Henry Scobell Clerk of the Council London Printed by William du-Gard and Henry Hills Printers to His Highness the Lord Protector 1654.