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A37593 Anno regni Caroli II, regis Angliæ, Scotiæ, Franciæ, & Hiberniæ, duodecimo at the Parliament begun at Westminster, the five and twentieth day of April Anno Dom. 1660, in the twelfth year of the reign of our most gracious soveraign lord Charles, by the grace of God, of England, Scotland, France, and Ireland King, defender of the faith, &c.; Laws, etc. England and Wales. 1660 (1660) Wing E1144; ESTC R475135 16,590 14

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fortie and eight All which persons for their Execrable Treasons in Sentencing to death or Signing the Instrument for the Horrid Murther or being instrumental in taking away the precious Life of Our late Soveraign Lord CHARLES the First of Glorious Memory are left to be proceeded against as Traytors to His late Majestie according to the Laws of England and are out of this present Act wholly Excepted and Foreprized But in regard the said Owen Row Augustine Garland Edmond Harvey Henry Smith Henry Martin Sir Hardresse Waller Robert Titchborn George Fleetwood James Temple Thomas Wait Simon Meyn William Heveningham Isaac Penington Peter Temple Robert Lilburn Gilbert Millington Vincent Potter Thomas Wogan and John Downs have personally appeared and rendered themselves according to the Proclamation bearing Date the Sixth day of June One thousand six hundred and sixty to Summon the Persons therein named who gave Judgement and Assisted in the said Horrid and Detestable Murther of our said late Soveraign to appear and render themselves and do pretend thereby to some favour upon some conceived doubtfull Words in the said Proclamation Be it Enacted by this present Parliament and the Authority of the same upon the humble desire of the Lords and Commons in Parliament assembled That if the said Owen Row Augustine Garland Edmond Harvey Henry Smith Henry Martin Sir Hardresse Waller Robert Titchborn George Fleetwood James Temple Thomas Wait Simon Meyn William Heveningham Isaac Peningon Peter Temple Robert Lilburn Gilbert Millington Vincent Potter Thomas Wogan and John Downs or any of them shall be legally Attained for the Horrid Treason and Murther aforesaid that then neverthelesse the Execution of the said Person and Persons so Attained shall be suspended until His Majesty by the Advise and Assent of the Lords and Commons in Parliament shall Order the Execution by Act of Parliament to be passed for that purpose Except also out of this present Act Oliver Cromwell deceased Henry Ireton deceased John Bradshaw deceased and Thomas Pride deceased Provided that nothing in this Act contained shall extend to discharge the Lands Tenements Goods Chattels Rights Trusts and other the Hereditaments late of the said Oliver Cromwell Henry Ireton John Bradshaw and Thomas Pride or of Isaac Ewer deceased Sir John Danvers deceased Sir Thomas Maleverer Baronet deceased William Purefoy deceased John Blakiston deceased Sir William Constable Baronet deceased Richard Dean deceased Francis Aleyn deceased Peregrin Pelham deceased John Moor deceased John Aldred alias Alured deceased Humphrey Edwards deceased Sir Gregory Nortin Baronet deceased John Venn deceased Thomas Andrews Alderman deceased Ambony Stapely deceased Thomas Horton deceased John Fry deceased Thomas Hamond deceased Sir John Bourchier deceased of and from such Pains Penalties and Forfeitures as by one other Act of Parliament intended to be hereafter passed for that purpose shall be Expressed and Declared And also except out of this present Act William Lord Mounson James Challoner Sir Henry Mildmay Sir James Harrington John Pbelps and Robert Wallop All which Persons did Act and Sir in that Trayterous assembly which in the month of January 1648. acted and proceeded against the life of our late Soveraign King Charles the first of Blessed Memory and are therefore reserved to such Pains Penalties and Forfeitures not extending to Life as by another Act intended to be passed for that purpose shall be Imposed on them And also except Sir Arthur Hesilrigg for and in respect only of such Pains Penalties and Forfeitures not extending to Life as by one Act intended to be hereafter passed for that purpose shall be Inflicted and Imposed Provided alwaies That John Hutchinson Esq and Francis Lassells shall be and are hereby made for ever incapable to Execute any Place or Office of Trust Civil or Military within this Kingdom And that the said Francis Lassells shall pay unto our Soveraign Lord the King One full years value of his Estate any thing herein before contained to the contrary notwithstanding Provided alwaies That this Act or any thing therein contained shall not extend to the Pardoning or to give any other benefit whatsoever unto Sir Henry Vane John Lambert or either of them but that they and either of them are and shall be out of this present Act wholly Excepted and Foreprized Provided that if William Lenthal William Burton Oliver St. John John Ireton Alderman Col. William Sydenham Col. John De●horow John Blackwell of Moreclack Christopher Pack Alderman Richard Keeble Charles Fleetwood John Pyne Richard Dean Major Richard Creed Philip Nye Clerk John Goodwin Clerk Sir Gilbert Pickering Col. Thomas Lister and Col. Ralph ●obbet shall after the First day of September 1660. accept or exercise any Office Ecclesiastical Civil or Military or any other publique Employment within this Kingdom of England Dominion of Wales or Town of Berwick upon Tweed that then such Person or Persons as do so accept or execute as aforesaid shall to all intents and purposes in Law stand as if he or they had been totally excepted by name in this Act. Provided likewise That all those who since the Fifth of December One thousand six hundred forty eight did give Sentence of Death upon any Person or Persons in any of the late Illegal and Tyrannical High Courts of Justice in England or Wales or signed the Warrant for Execution of any Person there condemned except Col. Richard Ingolsby and Col. Matthew Tomlinson shall be and are hereby made incapable of bearing any Office Ecclesiastical Civil or Military within the Kingdom of England or Dominion of Wales or of serving as a Member in any Parliament after the First day of September One thousand six hundred and sixty Provided also and it is Enacted That all and every the Persons appointed Trustees in a late pretended Act or Ordinance made in the year of our Lord One thousand six hundred forty nine for and concerning Tithes appropriate Oblations Obventions Pensions Portions of Tithes appropriate Offerings Fee-farm Rents issuing out of the Tithes therein mentioned First-fruits and other things and Enacted or mentioned to be Enacted to be vested setled adjudged or deemed to be in the actual Seisin or Possession of such Person and Persons in the said pretended Act or Ordinance mentioned and their Heirs shall account for and be responsible for all Rents and Profits of the Premises which came to their hands and have not been by the said Trustees or their Order disbursed disposed or imployed for the maintenance of Ministers or other uses according to the said pretended Act or Ordinance or some other Act Order or Ordinance made in the years of our Lord 1650. 1654. and 1656 by any assembly called or reputed a Parliament or assuming the power of Parliament according to the intention of such Act Acts or Ordinances and the Agents and Receivers under the Order of the said Trustees and the Occopiers and Tenants of the premises who have taken the premises or profits thereof into their hands without agreement to pay Rent therefore and have
Anno Regni CAROLI II. REGIS Angliae Scotiae Franciae Hiberniae DUODECIMO At the Parliament begun at Westminster the Five and twentieth day of April Anno Dom. 1660. In the Twelfth year of the Reign of our most Gracious Soveraign Lord CHARLES By the Grace of God of England Scotland France Ireland King Defender of the Faith c. LONDON Printed by Iohn Bill and Christopher Barker Printers to the KING' 's most Excellent Majesty 1660. Cum Privilegio Anno Regni CAROLI II. An ACT of Free and General Pardon Indempnity and Oblivion THe Kings most Excellent Majesty taking into His Gracious and Serious consideration the long and great Troubles Discords and Wars that have for many years past been in this Kingdome And that divers of His Subjects are by occasion thereof and otherwise faln into and be obnoxious to great pains and penalties Out of a hearty and pious Desire to put an end to all Suits and Controversies that by occasion of the late Distractions have arisen or may arise between all his Subjects And to the intent that no Crime whatsoever committed against His Majesty or His Royal Father shall hereafter rise in Judgement or be brought in Question against any of them to the least endamagement of them either in their Lives Liberties Estates or to the prejudice of their Reputations by any Reproach or Term of Distinction And to bury all Seeds of future Discords and remembrance of the former aswell in His own breast as in the breasts of His Subjects one towards another And in performance of his Royal and Gracious Word signified by his Letters to the several Houses of Parliament now Assembled and His Declarations in that behalf published Is pleased that it may be Enacted And be it Enacted by the Kings most Excellent Majesty with the advice and consent of the Lords and Commons in this present Parliament assembled First That all and all manner of Treasons Misprisions of Treason Murthers Felonies Offences Crimes Contempts and Misdemeanors Counselled Commanded Acted or Done since the first day of Ianuary in the year of our Lord One thousand six hundred thirty seven by any person or persons before the twenty fourth day of Iune in the year of Our Lord One thousand six hundred and sixty other then the persons hereafter by name excepted in such manner as they are hereafter excepted by virtue or colour of any Command Power Authority Commission Warrant or Instructions from his late Majesty King Charles or his Majesty that now is or from any other person or persons deriving or pretending to derive Authority mediately or immediately from both or either of their Majesties Or by vertue or colour of any Authority derived mediately or immediately of or from both Houses or either House of Parliament Or of or from any Convention or Assembly called or reputed or taking on them the Name of a Parliament Or by from or under any Authority stiled or known by the Name of the Keepers of the Liberty of England by Authority of 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 of the Commonwealth of England Scotland and Ireland and the Dominions thereunto belonging or Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories hereto belonging or assuming the Authority or reputed to be chief M●gistrate of the Commonwealth or Commander in chief of the Forces or Armies of this Nation by Sea or Land or by and Pretence Warrant or Command whatsoever from them or any of them or their or either of their respective Councils or Council or any Member of such Counsellor Councils or from any person or persons whatsoever deriving or pretending to derive Authority from them or any of them be pardoned released indempnified discharged and put in utter Oblivion And that all and every the person and persons acting advising assisting abetting and counselling the same they their Heirs Executors and Administrators except as before is excepted be and are hereby pardoned released acquitted indempnified and discharged from the same and of and from all pains of death and other pains Iudgements Indictments Convictions Attainders Outlawries Penalties Escheats and Forfeitures therefore had or given or that might accrew for the same And that all such Iudgements Indictments Convictions Attainders Outlawries Penalties Escheats and Forfeitures and every of them and all Grants thereupon made and all Estates derived under the same be and are hereby Declared and Enacted to be from henceforth Null and void And that all mean profits not yet received by such Grantees shall be and are hereby discharged And that all and every person and persons bodies Politick and Corporate their and very of their Heirs Executors Administrators and Successors shall be and are hereby resto●ed ●o all and every their Lands Tenements and Hereditaments Goods Chattels and other things For cited which to his Majesty do or shall appertain by reason of any offence herein before mentioned and not hereafter in this present Act excepted and foreprised And be it further Enacted That all Appeales and all personal Actions Suites Molestations and Prosecutions whatsoever for or by reason of any Act of Hostilitie Trespasse Assault Imprisonment or breach of the Peace advised counselled commanded appointed happened acted or done by reason of the late troubles or the late Wars in his Majesties Dominions or relating thereunto and all Judgements and Executions thereupon had before the first day of May in the year of our Lord One thousand six hundred fifty eight stand and be from henceforth discharged But not to restore to any person or persons any summes of money mean profits or goods already received or taken upon ●●ch execution or to give any accompt for the same And be it likewise enacted That all appeals and all personal actions and causes of such Actions suites molestations and prosecutions whatsoever for or by rea●on of any Act or thing advised counselled commanded acted or done by virtue or colour of any authority or commission granted by his late Majesty or his Majesty that now is or by virtue or colour of any order or ordinance of one or both Houses of Parliament sitting at Westminster or by any Act or Order made by any persons assuming the name of a Parliament and sitting as a Parliament at Westminster after the death of the late King Charles the first or by the authority of the said Keepers of the Liberties of England or by any Ordinance by either of the late Protectors and Council or by or upon any commission writ process or warrant by them or any of them or by authority derived from them or any of them and all demands of arrearages of Rents and mean profits of Lands tenements or hereditaments heretofore incurred or grown due which have been paid received or disposed by virtue or colour of any the authorities or pretended authorities aforesaid
discharge or quietus thereupon obtained and also Excepted out of this Pardon all offences of Bribery Perjuries and the Subornation of Perjury or Witnesses and Offences of Forging or Counterfeiting any Deeds Debentures Bils of Publick Faith Escripts Wills or other Writings whatsoever or of any Examinations or Testimonies of any Witnesse or Witnesses tending to bring any person or persons in danger of his Life Liberty or Estate and the giving the same in evidence and the compelling or procuring of any such counterfeiting or forging to be had or made And also excepted all offences in detaining imbesling or purloining any the Goods Money Chattels or Jewels of the late King Queen or Prince or any of the children of the late King and Queen other then Shipping Stores and Ammunitions of War and other then such Goods and Chattels as have been sold or disposed of to any of the Servants or Creditors of his late Majesty in or toward satisfaction of their debts or wages And also excepted out of this Pardon all Issues Fines and Amercements Rents and other publick Dutys being Levied Received or Collected by any Sheriff under-Sheriff Bayliff Minister or other Officer to or for the use of the late King the Parliament or the said Keepers of the Liberty of England or any other person stiling himself Protector or for his Majesty that now is and not accompted for and discharged And also Excepted out of this Pardon all and every offence and offences committed or done by any Jesuit Seminary or Romish Priest whatsoever contrary to the Tenor or Effect of the Statute made in the 27 year of the Reign of the late Queen Elizabeth Entituled An Act against Jesuits Seminaries Priests and other disobedient Persons or of any part thereof and all Out-lawries Proceedings Judgements and Executions for the same offences or any of them Provided always and be it Enacted by the Authority aforesaid that it shall and may be lawfull to and for all and every Clerk and other officer of the Court at Westminster to award and make Writs of Capias Vtlagatum at the suit of the Party Plaintiff against such Persons Out-lawed as be pardoned by this Act to the intent to compell the Defendant or Defendants to make answer to the Plaintiff or Plaintiffs at whose Suit he or they were Out-lawed And that every Person so Our-lawed shall few a Writ of Scire Frcins against the Party or Parties at whose Suit he or they were so Out-lawed before this Pardon in that behalf shall be allowed him or them so Out-lawed Provided and be it Enacted by the Authority aforesaid That this Act of Generull Pardon shall not in any wife extend to Pardon any Out-lawries upon any Writ of Capias ad Satisfaciendum until such time as the Party so Out-lawed shall satisfie or otherwise agree with the Party at whose Suit the same Person was so Out-lawed or Condemned And also excepted out of this Pardon all Informations and other Proceedings Depending Concerning any Common High-ways or Bridges and all Issues returned upon any Processe concerning the same since the 30 day of January 1648 Except also all Recognizances Obligations and other Securities given or Entred into since the 25. of March 1640 by any Receiver Reeve Baliff Collector or other Accountant in the Court of the Publick Exchequer and their Sureties and their Accounts Respectively Provided always and be it Enacted That this Act or any thing therein Contained shall not extend or be Construed to Pardon or Discharge any Recognizance Obligation or Bond which is not yet forfeited And be it further Enacted by the Authority aforesaid That all Acts of Hostilitie and Injuries whether between the late King and the Lords and Commons then in Parliament assembled or between any of the people of this Nation which did arise upon any Action Attempt Assistance Council or Advice having Relation unto or falling out by reason of the late Troubles or in the late Wars or publick differences between the late King and Parliament or between his now Majesty or any of his Subjects and which are not in this Act excepted that the same and whatsoever hath ensued thereupon whether trenching upon the Laws and Liberties of this Nation or upon the Honor of his Majesty or upon the Honor of Authority of Parliament or to the prejudice of any Particular or private person shall in no time from and after the 24. of June in the year of our Lord 1660 be called in question whatsoever be the quality of the Person or of whatsoever kind or Degree Civil or Criminal the Injury is supposed to be And that no mention be made thereof in time to come in judgement or judiciall proceedings And to the intent and purpose that all names and terms of distinction may be likewise put into utter Oblivion Be it further Enacted by the Authority aforesaid That if any Person or Persons within the space of three years next ensuing shall presume maliciously to call or alledge of or object against any other person or persons any Name or Names or other words of Reproach any way tending to revive the Memory of the late differences or the Occasions thereof That then every such person so as aforesaid Offending shall Forfeit and Pay unto the Party grieved in Case such Party offending shall be of the Degree of a Gentleman or above ten Pounds and if under that Degree the Sum of forty Shillings to be recovered by the Partie grieved by Action of Debt to be therefore brought in any of his Majesties Courts of Record wherein no Essoign Protection or Wager of Law shall be allowed or any more than one Imparlance so as the same Action be commenced or prosecuted within six Moneths next after the Offence Committed And if the Jury sworn to try any Issue or Issues that shall be joined in such Action shall find for the Plaintiff they shall likewise give to every such Plaintiff forty Shillings Damages over and above the Penalty aforesaid Provided alwayes that this Act or any thing therein contained shall not extend or give any Benefit unto any Person or Persons who have had any hand in the Plotting Contriving or designing the Great and Heinous Rebellion of Ireland mentioned in one Act passed in the Parliament begun at West minster the 3 day of Novem. In the sixteenth year of King Charles Entituled An Act for the speedy and Effectuall Reducing of the Rebels in his Kingdome of Ireland to their due obedience to his Majesty and Crown of England Or in Aiding Assisting or Abetting the same other than such as by another Act intended hereafter to be passed shall be therein named mentioned or expressed to be pardoned Nor to enure to restore to any person or persons Bodies Politick or Corporate other than the Marquesse of Ormond Lord Steward of His Majesties Houshold and other the Protestants of Ireland and their Heirs and such other person and persons as in and by an Act intended hereafter to be passed shall be therein
named mentioned or expressed in that behalf any Estate Liberties Franchises or Hereditaments in England or Ireland sold or disposed of by both or either Houses of Parliament or any Convention assuming the stile or name of a Parliament or any person or persons deriving Authority from them or any of them or which was approved or confirmed by them or any of them Nor to the Mean Profits Rents or contingencies of advantage of the same And it is further provided and Enacted That every person or persons hereby pardoned may plead the general issue without special pleading of this pardon and give this Act of Pardon in evidence for his discharge and that the same shall be thereupon allowed and the advantage thereof had as fully to all intents and purposes as if the same had been fully and well pleaded And in such manner as any Justice of the Peace Constable or other Officer questioned for matters acted by them as Officers or in execution of their Offices may have advantage of the matter of their justification upon the general Issue by them pleaded by the Laws and Statutes of this Kingdom Provided also That this Act nor any thing therein contained shall extend or be Interpretes to extend to pardon any Person or Persons whatsoever for any Theft or Stealing of any Goods or other Felonies since the Fourth day of March in the year of our Lord One thousand six hundred fifty and nine any thing in this Act contained to the contrary thereof in any wise Notwithstanding Provided also That neither this Act nor any thing therein contained shall extend to Acquit or Discharge any Person or Persons from making restitution of all such Rents Sums of Money Horses Cattel or other Goods which by a certain Act or pretended Act lately made Entituled An Act for Repeal of two Acts for Sequestrations Are required to be restored to those from whom they were taken Nor shall this present Act be construed to Disable or Bar the respective Owners or Proprietors of and from their several and respective Actions or Suits at Law or in Equity for or by reason of the said or any other Rents Moneys Horses Cattels or Goods which since the Five and twentyeth day of July One thousand six hundred fifty and nine have been by any Person or Persons wrongfully received or taken away and for which the said Wrong doers are not in any wise Indempnified by the said or any other Act of Repeal And be it further Enacted by the Authority aforesaid That no person or persons who by vertue of any Order or Warrant mediately or immediately derived from his late Majesty or His Majesty that now is or by vertue of any Act Ordinance or Order of any or both Houses of Parliament or any of the Authorities aforesaid or any Committee or Committees acting under them or any of them have Seized Sequestred Levyed Advanced or Paid to any Publique Use or into any Publique Treasury within this Kingdom any Goods Chattels Debts Rents Sum or Sums of Mony belonging to any person or persons whatsoever shall hereafter be sued Molested or Drawn into Question for the same but that they and every of them shall be Discharged against all persons for so much and no more of the said Goods Chattels Debts Rents Sum or Sums of Money as their several and respective Orders of Discharge or Acquittances extend unto Provided also That nothing herein contained shall extend to Discharge any person or persons who have been by private Order or Instructions imployed and intrusted or have undertaken the imployment to Receive any Sum or Sums of Money for the Kings Majesties Service or Supply since the year One thousand six hundred forty and eight from making their Accompts for the same Provided also That this Act shall not extend to Pardon or Discharge from Accompt to the Kings Majesty any person or persons for any Sum or Sums of Money received for that illegal Tax of Decimation or upon the Accompt of any Militia setled or acted in since One thousand six hundred forty and eight and not accompted for or paid over or discharged to or by any that had Authority or pretended Authority to discharge the respective Receivers of the same Provided also That if any person or persons being his Majesties Mesnial Servant or Servants or having or pretending to have received particular Instructions or Directions from His Majesty have during the time of such his or their relation unto His Majesty or whilest he or they were acting or pretending to act for His Majesties interest in pursuance of the said Instructions or Directions wilfully maliciously and trayterously held intelligence with any forein Prince or Princes State or States or with any person or persons usurping Supreme Authoritie in this Kingdom or other his Majesties Dominions or with their or either of their Ministers or Agents or without His Majesties License and to the intent to betray his Majesties Person or Counsels or have received any Sum or Sums of Money or pension for such Treachery That then such person and persons as to the Offence in this Proviso mentioned shall be and is hereby Excepted out of this Act any thing herein contained to the contrary notwithstanding so as such person or persons be Outlawed or otherwise legally Convicted of such Offence or Offences within the space of Two years from the Five and twentieth day of April One thousand six hundred and sixtie Provided that this Act of General pardon or any thing therein contained shall not extend to the pardoning or discharging of any Debts or Sums of Money due to or for the Excise of any Goods or Merchandise whereof any Entries have been made in the Custom-House which have grown due since the Twenty fifth day of March One thousand six hundred fifty and eight or to the pardonining or discharging of any Debts or Sums of Money due to the Farmers or pretended Farmers of Excise since the Twenty fifth day of March One thousand six hundred fifty and seven Provided also That this Act nor any thing therein contained shall extend to pardon discharge or give any other Benefit whatsoever unto Iohn Lisle William Say Sir Hardress Waller Valentine Wanton Thomas Harrison Edward Whalley William Heveningham Isaac Penington Henry Martin John Barkstead Gilbers Millington Edmund Ludlow Sir Michael Livesey Robert Titchborn Owen Row Robert Lilburn Adrian Scroop Iohn Okey Iohn Hewson William Goff Cornelius Holland Thomas Challoner Iohn Carew Iohn Iones Miles Corbet Henry Smith Gregory Clement Thomas Wogan Edmund Harvey Thomas Scot William Cawley Iohn Downs Nicholas Love Vincent Potter Augustine Garland Iohn Dixwel George Fleetwood Simon Meyn Iames Temple Peter Temple Daniel Blagrave Thomas Wait Iohn Cook Andrew Broughton Edward Dendy William Howlet Hugh Peters Francis Hacker Daniel Axtel not any of them nor to those Two persons or either of them who being Disguised by Frocks and Vizors did appear upon the Scaffold erected before Whitehall upon the Thirtieth of Ianuary One Thousand six hundred