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A74523 An ordinance for alteration of several names and forms heretofore used in courts, writs, grants, patents, commissions, &c. and setling of proceedings in courts of law, justice and equity, within the Commonwealth of England, Scotland, and Ireland, according to the present government. England and Wales. Lord Protector (1653-1658 : O. Cromwell); England and Wales. Council of State. 1653 (1653) Thomason E1063_4; ESTC R209531 3,427 7

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AN ORDINANCE For alteration of several Names and Forms heretofore used in Courts Writs Grants Patents Commissions c. and setling of Proceedings in Courts of Law Justice and Equity within the Commonwealth of England Scotland and Ireland according to the present Government OLIVER LORD PROTECTOR of the Commonwealth of England Scotland and Ireland and the Dominions thereto belonging having the Exercise of the chief Magistracy and the Administration of Government within the said Commonwealth invested and established in His Highness assisted with a Council who have Power until the meeting of the next Parliament which is to be on the third day of September now next ensuing to make Laws and Ordinances for the Peace and welfare of these Nations where it shall be necessary which shall be binding and in force until Order shall be taken in Parliament concerning the same And the said LORD PROTECTOR finding it to be most necessary that some speedy and effectual course be taken for setling the Names and Forms to be used in Parents Commissions and Procedings in Courts of Iustice the said LORD PROTECTOR by and with the Advice and Consent of His said Council and in pursuance of and according to the Power and Trust reposed in Him and them doth Declare and Ordain And be it by the Authority aforesaid Declared and Ordained That in all Courts of Law Iustice or Equity and in all Writs Grants Patents Commissions Indictments Informations Suits Returns of Writs and in all Fines Recoveries Exemplifications Recognizances Process and Proceedings of Law Iustice or Equity within the said Commonwealth of England Scotland and Ireland and the Dominions thereto belonging instead of the Name Stile Title and Teste of the Keepers of the Liberty of England by Authority of Parliament heretofore used that from and after the six and twentieth day of December 1653 the Name Stile Title and Teste of the LORD PROTECTOR for the time being of the Commonwealth of England Scotland and Ireland and the Dominions thereto belonging shall be used and no other And the date shall be in the year of our Lord and no other And that all Duties Profits Penalties Issues Fines Amercements and Forfeitures whatsoever which heretofore were sued for in the name of the K●epers of the Liberty of England by Authority of Parliament shall from after the said six and twentieth day of December be prosecuted sued forth and recovered in the said name of the LORD PROTECTOR for the time being of the Common wealth of England Scotland and Ireland and the Dominions thereto belonging and no other And in all or any of the proceedings aforesaid where the words were The Iurors for the Common-wealth or The Iurors for the Keepers of the Liberty of England by Authority of Parliament do say or present from and after the said six and twentieth day of Decemb it shall be The Iurors for the LORD PROTECTOR of the Common-wealth of England Scotland and Ireland c. do say or present and no other And all Iudges Iustices Officers and Ministers of Iustice whatsoever are to take notice hereof and are hereby Authorized and Required to proceed accordingly And whatsoever shall from after the said six and twentieth day of December be done contrary to this Ordinance shall be and is hereby Declared to be null and void And it is hereby further Declared and Ordained by the Authority aforesaid That all Writs Commissions Indictments Informations Actions Suits Bills or Plaints now depending in any of the Courts of Record at Westminster or any other Court of Record And all Pleas Demurrers Continuances and Proceedings whatsoever in all and every such Indictments Informations Actions Suits Bills and Plaints shall be returnable stand good and effectuall and be prosecuted and sued forth in such manner and form and in the same state condition and order the said Changes and Alterations to be as in this Ordinance are particularly expressed as if the change of Government had not been made any Law Custom or Vsage to the contrary thereof in any wise notwithstanding And that any variance that shall be occasioned by reason thereof touching any the said Writs Process or Proceedings in the Name Stile Teste or otherwise shall not be in any wise material as concerning any default or error to be alledged or objected thereunto And it is further Declared and Ordained by the said LORD PROTECTOR with the consent of His Council That from and after the said six and twentieth day of this instant December All Indictments Presentments and Inquisitions for Treasons Felonies Misprisions and other Trespasses and Misdemeanours whatsoever the pleadings therein and the issues thereupon shall and may be joined with such person and persons so Indicted Presented or Prosecuted by the Clerks of the several Courts wherein such Indictments Presentments or Inquisitions shall be Proceeded upon for and on the behalf of the LORD PROTECTOR as his Atturney in such sort manner and form as they might have done before the tenth day of this instant December for and on the behalf of the Keepers of the Liberty Any Law Custome or usage to the contrary in any wise notwithstanding And be it also Declared and Ordained by the Authority aforesaid That all Indictments Presentments and Inquisitions taken by Coroners And all Actions Informations and Suits for and on the behalf of the Keepers of the Liberty or for and on the behalf of the said Keepers some Informer or Informers and now depending or which did depend in any Court of Iustice the tenth day of December instant shall not be discontinued or put without day by this change of Government but that the Process Pleas Demurrers Issues and Continuances in every of the said Indictments Presentments Inquisitions Actions Informations and Suits shall stand good and effectual and be continued prosecuted and sued forth in such manner and form and in the same Estate Condition and Order as the same were at the tenth day of December aforesaid And that all manner of Iudicial process that shall be had or pursued since the said tenth day of this instant December upon the said Indictments Presentments Inquisitions Actions Informations or Suits or upon the Pleas Demurrers or Issues all proceedings thereupon shall be had made and prosecuted in the Name of the LORD PROTECTOR or as well by Him as by the Informer or Informers And that variance touching the same Process and proceedings between the name of the said Keepers and the said LORD PROTECTOR shall not be in any wise material as concerning any default or error to be alleged or objected for the same And it is further Ordained that all Indictments Presentments or Inquisitions Actions Suits or Informations for any offence committed or done in the time of the said Keepers of the Liberty c. or for any Debt due to the late King or Keepers of the Liberty c. or Cause of Action or Suit by Him or them and were to be had made done or prosecuted in the Name of the said late King or the Keepers of the Liberty c. and an Informer or Informers respectively the same shall be had made done and prosecuted in the Name and on the behalf of the LORD PROTECTOR or in his Name and the Name of some Informer or Informers as the Case shall require in such sort as where such offences were committed or where such Cause of Action was in one Kings time and the Indictments Presentments Inquisitions Actions Informations and Suits were to be in another Kings time saving that the Name of the said LORD PROTECTOR shall be used in the stead and place of the succeeding King or the Keepers of the Liberty c. And it is likewise Ordained by the Authority aforesaid That all Indictments Presentments Inquisitions Actions Informations or Suits for any offence had made commited or done since the death of the late King or for any debt duty or matter growing due or cause of Action arising since that time shall be had made done and prosecuted in the Name and for the behalf of the LORD PROTECTOR of the Common-wealth of England Scotland and Ireland or in the Name of Him and an Informer or Informers as the Case shall require And that the Alterations Additions and Omissions in this Ordinance mentioned shall extend aswel unto Appeals as Indictments Presentments and Inquisitions as the Case shall require And it is further Ordained by the Authority aforesaid That in all Oaths to be given to any Grand Iury or Petty Iury or to or for any Witnesses to give in Evidence to any such Iury or Iuries and in all other Oaths wherein the name of Keepers of the Liberty c. was wont to be used the same shall be given in the name of the LORD PROTECTOR instead of the name of the said Keepers c. any Law Vsage or Custome to the contrary in any wise notwithstanding And it is lastly Ordained by the Authority aforesaid That such forms and course of proceedings as were heretofore used in the name and time of the Keepers of the Liberty c. in Causes Criminal or Civil and of which no alteration is made in this Ordinance shall stand and continue to be so used and observed as formerly And that all Indictments Presentments Inquisitions Commissions and Captions made with such Alterations Additions or Omissions as aforesaid or with such other Omissions Additions or Alterations as shall be proper and necessary for making good of Indictments Presentments Commissions Captions and Inquisitions and supplying the sence and meaning thereof according to the present Government of this Commonwealth under the LORD PROTECTOR as aforesaid shall stand and be good and effectual in Law to all intents and purposes as if the same had been particularly herein named Any Law Custome or Vsage to the contrary in any wise notwithstanding Monday the 26. of December 1653. Ordered by His Highness the Lord Protector and His Council That this Ordinance be forthwith Printed and Published HEN. SCOBELL Clerk of the Council London Printed by Henry Hills Printer to his Highness the Lord Protector MDCLIII