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A82351 An act for confirmation of judicial proceedings England and Wales. Sovereign (1660-1685 : Charles II); England and Wales. Parliament. 1660 (1660) Wing E1005; Thomason E1075_12; ESTC R208493 4,717 11

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Anno Regni CAROLI II. REGIS Angliae Scotiae Franciae Hiberniae DUODECIMO At the Parliament begun at VVestminster the Five and twentieth day of April An. Dom. 1660. In the Twelfth year of the Reign of our most Gracious Sovereign Lord CHARLES By the Grace of God of England Scotland France and Ireland King Defender of the Faith c. HONI SOIT QVI MAL Y PENSE LONDON Printed by John Bill and Christopher Barker Printers to the Kings most Excellent Majesty 1660. Cum Privilegio Aug 31 Anno XII CAROLI II. Regis AN ACT For Confirmation of Judicial Proceedings BE it Enacted and it is Enacted by His Majesty and the Lords and Commons in Parliament assembled and by the Authority of the same That no Fines nor final Concords Chirographs nor Proclamations of Fines nor any Recoveries Verdicts Iudgements Statutes Recognizances nor Inrolments of any Deeds or Wills or of any such Fines Proclamations Recoveries Verdicts Iudgements Statutes or Recognizances nor any Exemplifications of them nor any of them nor any Inquisitions Indictments Presentments Informations Decrees Sentences Probats of Will nor Letters of Administration nor any Writs nor Actings on or Returns of Writs Orders or other Proceedings in Law or Equity had made given taken or done or depending in the Courts of Chancery Kings Bench Vpper Bench Common Pleas and Court of Exchequer and Courts of Exchequer-Chamber or any of them Sitting at Westminster or in the Courts of the Great Sessions in Wales the Courts of any Counties Palatine or Duchy of Lancaster or Town of Berwick upon Tweed or in any other inferior Courts of Law or Equity or by any the Iudges Clerks Officers Sheriffs Coroners or Ministers or others Acting in Obedience to them or any of them or by any the Coutts of Admiralty Delegats Iustices of Assize Nisi Prius Oyer and Terminer Goal-Delivery Iustices of the Peace Commissioners of Sewers Bank-rupts or Charitable Vses nor any Actings Process Proceedings nor Executions thereupon had made given done or suffered in the Kingdom of England since the First of May One thousand six hundred forty two shall be avoided for want or defect of any Legal Power in the said Courts Iudges Commissioners Iustices or any of them or for or by reason that the Premisses or any of them were Commenced Prosecuted Had Made Held or Vsed in the Name Stile or Title of the late King or in the Name Stile Title or Test of Custodes Libertatis Angliae Authoritate Parliamenti Or in the Name Stile Title or Test of the Keepers of the Liberty of England by Authority of Parliament Or the Name Stile Title or Test of Oliver Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions thereunto belonging Or of Oliver Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging Or the Name Stile Title or Test of Richard Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging or for or by reason of any alteration of the said Names Stiles or Titles Or for that the said Fines Recoveries Process Pleadings Proceedings and other things before mentioned Or the Entry and Enrolment of them or any of them were in the Latine or English Tongue But that all and every such Fines Recoveries and other things above mentioned and the Actings Doings and Proceedings thereupon shall be of such and of no other Force Effect and Vertue then as if such Courts Iudges Iustices Commissioners Officers and Ministers had Acted by vertue of a True Iust and Legal Authority and as if the same and the Entry and Enrolment thereof were in Latin and as if the several Acts and Ordinances or pretended Acts or Ordinances made by both or either Houses of Parliament or any Convention assembled under the Name of a Parliament or by Oliver Cromwell late Stiled Protector of the Commonwealth of England Scotland and Ireland and the Dominions thereto belonging and his Council Warranting or Directing such proceedings had been Good True and Effectual Acts of Parliament And whereas since the death of the late King several Fines have been Levied without any Entry or due Entring of any sum paid pro licentia concordandi commonly called the Kings Silver and without Entry or due Entry of any sum given to the Party for the Concord And also whereas in the Term of S. Michael last past several Fines were Levied and Recorded in the Court of Common Pleas before One Iudge onely of the said Court Be it Enacted That the said Fines and Proclamations thereupon and every of them shall be good and effectual notwithstanding the defects aforesaid And be it also further Enacted That all Fines Proclamations of Fines Recoveries and other Iudicial Proceedings in the Court of Common Pleas at Westminster since the death of His late Majesty King Charls the First had Levied or Suffered of any Lands lying in the County Palatine of Durham shall be good and effectual notwithstanding the said Lands were lying in the said County Palatine Provided That this Act or any thing therein contained shall not be Construed Deemed or Adjudged to make good allow confirm or countenance any the Proceedings in the late Illegal and Vn-warranted High Courts of Iustice or so called or any of them And whereas since the First day of May in the year of our Lord One thousand six hundred forty one and before the Five and twentieth day of April in the year of our Lord One thousand six hundred and sixty there were divers persons that adhered to both Houses of Parliament who for or in respect of such their adherence were Indicted Charged or Impeached of Treason And whereas since the said First day of May in the year of our Lord One thousand six hundred forty one and before the said Five and twentieth day of April in the year of our Lord One thousand six hundred and sixty divers persons who adhered to His Majesty or to the late King were for such their adherence Charged Impeached or Indicted of High Treason Be it further provided and Enacted That the said Charges Impeachments Indictments and all Exigents Outlawries Convictions and Attainders thereupon and all Letters Patents and Grants thereupon made of any Mannors Lands Tenements or Hereditaments Escheated or Forfeited by reason of such Attainder and all Title to any measn Profits by reason of such Conviction Outlawry Attainder or Grant be from henceforth repealed and discharged And that all Escheats Forfeitures and Confiscations by reason of such Outlawries Conviction or Attainder Be and are hereby restored unto such Persons so Outlawed Convicted or Attainted their Heirs Executors and Administrators respectively as if no such Attainder had been Provided Nevertheless And be it Enacted That this Act or any thing herein contained shall not extend to avoid or confirm any Sales or Estates made by vertue or pretence of any Act Order or Ordinance or reputed Act Order or Ordinance of Parliament
since the first day of May in the year of Our Lord One thousand six hundred forty two nor any confirmation thereof made or to be made thereof in this present Parliament But that such Sales stand and be in the same plight and condition as they should or might have done if this Act had not been made And be it further Enacted by the Authority aforesaid That all Recognizances Obligations or other securities made or given to the Keepers of the Liberty of England by Authority of Parliament Or to Oliver Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions thereunto belonging or to Oliver Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging or to Richard Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging and not pardoned or discharged by any Act passed or to be passed this present Parliament or otherwise other then such Recognizances Obligations and Securities as have been made or given to any the pretended powers or persons aforesaid or to any deriving or pretending to derive Authority from them by any person or persons for or by reason of their adherence to His Majesty or His said late Royal Father or relating to or arising only upon or in respect of the late troubles All which are hereby declared to be void and to be delivered up to be Cancelled And all Iudgements Extents Inquisi●ions Executions and Seizures had for the said Keepers or Protectors or any of them and not likewise pardoned or discharged other then as aforesaid shall and may be had and prosecuted in the name and to the use of His Majesty His Heirs or Successors also excepting all Obligations Bonds or Recognizances entred into to the said Keepers or Protectors or any of them by any Person or Persons by Order or direction of any Council of State Committee of Safety Major Generals Decimators or any Officer or other Person under them or any other Military power all which Obligations Bonds and Recognizances are hereby discharged and declared to be null and void to all intents and purposes Provided also And be it Enacted That this Act nor any thing therein contained shall not extend to continue after the eight day of May in the year of Our Lord One thousand six hundred and sixty any Iustice or Iustices of one Bench or the other or Barons of the Exchequer Serjeants at Law Commissions of Sewers Commissions of Bank-rupts or of Charitable uses made or constituted by or in the name or stile of any the late pretended powers or Authorities Provided always That it shall and may be Lawful to and for every Person and Persons who shall finde themselves grieved or damnified by any Iudgement Fine Recovery Decree or Sentence given made levied granted or pronounced in any of the said Courts to proceed in due form of Law either by Writ of Error Bill of Review Appeal or other Lawful remedy for the Reversing Annulling or Revoking of the same in such manner as they might at any time heretofore have done if the said Courts had been Established by Lawfull Authority other then for those Errors and defects which are remedied or provided for by this Act. Provided alwaies And be it further Enacted by the Authority aforesaid That no Non-claim upon or after any Fine or Fines hereby made good or confirmed shall extend or be construed to Bar or Prejudice any Person or Persons their Heirs or Successors or their Feoffees or Trustees other then the parties to the said Fines and their Heirs general and special and his and their Trustees as concerning such Right Claim and Interest as they had in or to any Lands Tenements or other Hereditaments which by colour of any Act Order or Ordinance of both or either Houses of Parliament or any Convention sitting at Westminster under the name or stile or assuming the name or stile of a Parliament since the first day of May in the year of Our Lord One thousand six hundred forty and two and before the five and twentieth day of April in the year of our Lord one thousand six hundred and sixty were sold conveyed or disposed as then or late the Lands Tenements and Hereditaments of the King Queen or Prince or of Archbishops Bishops Deans Deans and Chapters or other Ecclesiastical persons or as the Lands Tenements and Hereditaments of any other persons for their Adherency to the late King or His Majesty that now is or for any their Actings relating to or in respect of the late Troubles so always that the said person or persons aforesaid their Heirs or Successors pursue their Title Claim or Interest by way of Action or lawful Entry within Five years next after the Nine and twentieth day of May in the year of our Lord One thousand six hundred and sixty And although in this Confirmation of Iudicial Proceedings it was necessary to mention divers pretensed Acts and Ordinances by the Names and Stiles which those persons then Vsurped who took upon them to pass the same Namely some by the Stile and Name of the Keepers of the Liberty of England by Authority of Parliament and others by the Name and Stile of Protectors of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging Yet this present Parliament doth Declare and it is Enacted by Authority of the same That the Names and Stiles aforesaid and every of them are most Rebellious Wicked Trayterous and Abominable Vsurpations Detested by this present Parliament as opposite in the highest Degree to His Sacred Majesties most Iust and Vndoubted Right to whom and to His Heirs and Lawful Successors the Imperial Crowns of the Realms of England Scotland and Ireland with their and every of their Dominions and Territories do of Right appertain and as Violating and Infringing the Iust Rights and Priviledges of Parliament and of both Houses thereof now Assembled or that hereafter shall be Called and Assembled Provided always and be it Enacted That all and every pretended Indictment or Indictments Out-laws Inquisitions and all Proceedings thereon of High Treason against any person or persons whatsoever for Levying War against the late Tyrant Oliver Cromwel the pretended Keepers of the Liberty of England or any other Vsurped Power shall be from henceforth void and of none effect in Law And that all Grants Conveyances Leases Devices Assurances Statutes Recognizances and Iudgements for Debt Damages heretofore Had Made or Suffered by any person or his Heirs whose Conviction Vtlagary or Attainder is by this Act discharged or made void shall be of the same Force and Effect as if no such Conviction Out-lawry or Attainder had been London Printed by John Bill and Christopher Barker Printers to the Kings most Excellent Majesty 1660.