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.
LONDON, Printed by John Bill and Christopher Barker, Printers to the Kings most Excellent Majesty, 1660.
Cum Privilegio. ⟨Aug 31⟩
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 [Page 2] 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 [Page 3] 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, [Page 4] 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,
[Page 5] 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 [Page 6] 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 [Page 7] 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 [Page 8] 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 [Page 9] 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.