William and Mary, 1688
An Act for Reviveing of Actions and Processe lately Depending in the Courts at Westminster and Discontinued by the not holding of Hillary Terme and for supplying other Defects relateing to Proceedings at Law. [Chapter IV. Rot. Parl. p. 5. nu. 1.]

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History of Parliament Trust

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John Raithby (editor)

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1819

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53-55

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'William and Mary, 1688: An Act for Reviveing of Actions and Processe lately Depending in the Courts at Westminster and Discontinued by the not holding of Hillary Terme and for supplying other Defects relateing to Proceedings at Law. [Chapter IV. Rot. Parl. p. 5. nu. 1.]', Statutes of the Realm: volume 6: 1685-94 (1819), pp. 53-55. URL: http://www.british-history.ac.uk/report.aspx?compid=46290 Date accessed: 20 November 2014.


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WHEREAS the Terme of St Hillary in the Yeare of our Lord One thousand six hundred eighty eight could not be holden and kept for which if due Provision be not made great Delay of Justice and consequently great Expences to the Suitors in the severall Courts usually held at Westminster will insue.

II. Continuing Actions and Pleas lately depending.

Pleas, &c. that were returnable at certain Days revived, ; and Parties to appear,; Penalty.

Therefore for the [Continueing (fn. 1) ] and Reviveing all manner of Actions or Pleas lately Depending and all manner of Processe that were Returnable or Depending in any of the said Courts and which were Discontinued and putt without Day by the not holding the said Terme Bee it Enacted by our Soveraigne Lord and Lady the King and Queene by and with the Advice and Consent of the Lords Spirituall and Temporall and the Commons in this present Parliament Assembled and by the Authoritie of the same That all Pleas Writts Bills Actions Suites Plaints Processe Precepts or other Things whatsoever that were Returnable or had Day or Dayes in the Courts of Chancery Kings Bench Common Pleas or Exchequer in Octabis Hillarii Quindena Hillarii Crastino Purificationis Beate Marie [or Octabis Purificationis Beate Marie (fn. 2) ] last past or at any Day or Days certaine after any of the said Returns shall Stand Continue and be Revived to all intents and purposes and are hereby Continued and Adjourned unto and shall and may be Pleaded Heard and Proceeded upon at and on the Returne in Quindena Pasche next ensueing And that all Parties that had Day by any Pleas Writs Bills Actions Suites Plaints Processe Precepts or other Thing or Things whatsoever at or in any of the said Returns in the said Terme of St Hillary or at any Day or Days certaine after any of the said Returns in the said Courts or any of them shall appeare in the said Courts respectively at and on the said Returne in Quindena Pasche under the Penalty of forfeiting any Obligations or Recognizances Conditioned for the Appearance of the said Parties at any time of the said Returns or Dayes in the said Terme of St Hillary or under any other Penalty that might have incurred upon the said Parties their Pledges and Sureties for not Appearing at any of the said Returns or Dayes if the said Terme had beene holden or kept

III. Writs of Error in Exchequer Chamber before Judges of Common Pleas, &c. revived,

and Parties to appear.

And bee it further enacted by the Authoritie aforesaid That all Writs of Error brought upon any Judgements given in the Kings Bench Returnable or upon which any Day was given before the Justices of the Common Bench and Barons of the Exchequer in the Exchequer Chamber to any time in the said Terme of St Hillary and all Pleadings and Proceedings thereupon shall and are hereby Revived Recontinued and Adjourned unto the Twentyeth day of Aprill in the Yeare of our Lord One thousand six hundred Eighty nine before the Justices of the Common Bench and Barons of the Exchequer in the Exchequer Chamber to be then and there Heard and Proceeded upon in such manner as if the said Writs Pleadings and Proceedings had beene continued to the said Twentyeth day of Aprill and all Parties are to Appeare at the said Day under the same Penalty that would have been incurred by them their Pledges and Sureties if they had made Default at the Day in the said Terme of St Hillary in which the said Writs were returnable or Day thereupon was given

IV. Writs of Error in Exchequer Chamber before Lord Chancellor, &c. revived,

and Parties to appear.

And bee it further Enacted by the Authority aforesaid That all Writts of Error brought upon any Judgements given in the Court of Exchequer at Westminster Returnable or upon which any Day was given before the Lord Chancellor and Lord Treasurer in the Exchequer Chamber at any time in the said Terme of St Hillary and all Pleadings and Proceedings thereupon shall be and are hereby Revived Recontinued and Adjourned unto Tuesday the Twenty third Day of Aprill in the Yeare of our Lord One thousand six hundred eighty nine in the Exchequer Chamber to be then and there Heard and Proceeded upon as if the same had beene Continued to the said Twenty third ( (fn. 3) ) of Aprill and all Parties are to Appeare at the said Day under the same Penalty that would have beene incurred by them their Pledges and Sureties if they had made Default at the Day in the said Terme of St Hillary in which the said Writs were Returnable or Day thereupon was given

V. Proclamation upon Fines accounted made.

And forasmuch as noe Proclamation upon any Fine Levyed in the said Court of Common Pleas by reason of the not holding the said Terme of St Hillary could be then made for Remedy whereof Bee it Enacted by the Authoritie aforesaid That every Fine upon which any Proclamation ought to have beene made if the said Terme had beene held shall be as Good and Effectuall as if such Proclamation had beene made And if the Fourth and last Proclamation was to [have (fn. 4) ] been made in the said Terme of St Hillary the five Yeares in which any person and persons were to make his or their Entry in or Claime to any Lands and Tenements comprized in such Fine shall begin and be accounted from the Twelfth Day of February in the yeare of our Lord One thousand six hundred eighty eight

VI. Judgment by Confession entered in Easter Term.

And bee it Enacted That where any Judgement or Judgements was or were by vertue of any Warrant of Attourney to have beene Confessed or Entred in any of the said Courts of Westminster against any person or persons in the said Hillary Terme the same shall and may be Entred in the said Easter Terme soe as the Parties be then liveing

VII. Writ, &c. in what Case good without Original or being attested.

And for the preventing of any further delay in prosecuting of Suits Bee it Enacted by the Authoritie aforesaid That it shall and may be Lawfull for any person or persons whatsoever before the Seventeenth day of Aprill in the yeare, of Our Lord One thousand six hundred eighty nine to Bring Sue or Prosecute any Precept Writ meane Processe or Execution or any other Processe whatsoever Returnable in the said respective Courts [in (fn. 5) ] some Returne or Day in Easter Terme next ensueing the said Writs Returnable in the Courts of Kings Bench Common Pleas and Exchequer shall be dated on the day the same are actually Sued out which Writts and Processe soe Sued Prosecuted and Executed shall be good and available in Law to all Intents and Purposes whatsoever notwithstanding the want of any Originall Writt or being Attested

VIII. Writs of Habeas Corpus may be prosecuted in Civil Causes as if Hilary Term had been kept.

And alsoe it shall and may be lawfull before the said Seaventeenth day of Aprill to Prosecute any Writt or Writs of Habeas Corpus in Civill Causes soe to be Dated as aforesaid Returnable immediately before any of the Justices of the Kings Bench Common Pleas and Barons of the Exchequer respectively who may take such Course and Proceede thereupon in granting Procedendo's to be Dated as aforesaid or otherwise in such manner as if the said Terme of St Hillary had beene holden and kept

IX. Proviso for Proceedings in the Duchy Court, Great Sessions in Wales and Counties Palatine, &c.

And bee it further Enacted That all Pleas Writs Bills Actions Suites Plaints Processe Precepts Proceedings Indictments and Informations Causes Matters or Things whatsoever Pleaded Returned Depending or being in the Court of the Dutchy Chamber at Westminster in the Courts of the Great Sessions in the Dominion of Wales or in the Courts within the Counties Palatine of [Lancaster Chester (fn. 6) ] or Durham or in any other Court or Courts of Law or Equity within this Kingdome upon the Eleaventh day of December in the Yeare of our Lord God One thousand six hundred eighty eight shall stand Continued and be Revived to all Constructions and Purposes and are hereby Revived and Continued and shall and may be Pleaded Tryed Adjudged Heard and Proceeded upon without any Continuance or Adjournment whatsoever

X. All Offences and Actions during the Interregnum may be sued.

The Year of our Lord to be inserted instead of the King's Reign; and Conclusions to be Contra pacem Regni. All Indictments with such Conclusions good.

And forasmuch as since the Eleaventh day of December in the yeare of our Lord One Thousand six hundred eighty eight and before the Thirteenth day of February following diverse Crimes and Offences have beene Committed and Done and diverse Causes of Actions have arisen and accrued Bee it Enacted by the Authoritie aforesaid That all persons that have within the time mentioned committed any Murder Manslaughter Burglary Perjury or Forgery and likewise any other person or persons who have within that time Committed or done any other Crimes and Offences for which he or they were in Custody or stood upon Baile on the said Thirteenth day of February shall and may be proceeded against and punished in such manner as he or they might have beene by Law if the said Crimes and Offences had beene Committed or Done before the said Eleventh day of December and all persons whatsoever for any Cause or Matter arisen or accrued since the said Eleventh day of December and before the said Thirteenth day of February shall be lyable to any Action to be brought or prosecuted against him or them for the same and it shall and may be sufficient in all Indictments and Informations for any such Crimes and Offences to be preferred and exhibited And in all Actions and Declarations for any such Cause or Matter to be brought to alledge the Yeare of our Lord God instead of the Yeare of the King's Raigne And in any such Indictments Informations or Actions wherein Conclusions used to be Contra pacem Domini Regis to conclude Contra pacem Regni And all Indictments for any Felonies committed within that time shall be good and effectuall haveing the words Contra pacem Regni though the words Domini Regis Coronam & Dignitatem suas be ommitted

XI. Recognizances, &c. to the late King James may be sued; and all Persons bound thereby for Appearance are to appear.

And bee it further Enacted by the Authoritie aforesaid That all Recognizances Statutes or Obligations whatsoever made since the said Eleventh day of December and before the said Thirteenth day of February following in the Name of and to the late King James the Second shall be Good and Effectuall in the Law to all Intents and Purposes whatsoever and shall be Sued by and in the Name of Our Soveraigne Lord and Lady the King and Queene and their Successors And all person and persons whatsoever which within that time were bound by any Recognizance or Recognizances to the said late King James with Condition for his and their Appearance in the said Court of Kings Bench at any time in the Terme of Saint Hillary then next following or at the next Assises Sessions of Oyer and Terminer Generall Gaole-Delivery or of the Peace to be held for any City County or Place shall be obliged to Appeare in the said Court of Kings Bench at and on the First Day of Easter Terme in the Yeare of Our Lord One thousand six hundred eighty nine and at the next Assises Sessions of Oyer and Terminer Generall Goale-Delivery and of the Peace to be held for the said City County or Place respectively under the Penalty of Forfeiting the said Recognizance or Recognizances by him them and their Sureties

XII. All Process of Michaelmas Term 1686 good.

And bee it further enacted by the Authoritie aforesaid That all Writts and Processe whatsoever issueing out of any of the said Courts of Westminster as of Michaelmas Terme in the Yeare of our Lord One thousand six hundred eighty eight that have beene Executed before the same were Returnable And all Bills Plaints Judgements and Proceedings in the Courts of Cityes or Townes Corporate or any other inferior Court and all Executions thereupon had since the said Eleventh day of December and before the said Thirteenth day of February shall be good and effectuall in the Law as if the said late King had remained in the Exercise of his Regall Power.

XIII. Bail Bonds taken since 1st November, and Recognizances of Bail taken since 11th December, good: and all Commitments.

And bee it further Enacted That all Baile Bonds taken by Persons who were in the Places of or acted as Sheriffes though they were not lawfully Qualifyed or Authorized soe to doe since the first day of November One thousand six hundred eighty seven And that all Recognizances of Baile taken or acknowledged since the said Eleventh day of December before any Person who upon the First Day of the said Month of December was Justice of the Kings Bench Common Pleas or Baron of the Exchequer shall be good and effectuall to all Intents and Purposes and shall and may be Inrolled in the said respective Courts in the said Terme of Easter One thousand six hundred eighty nine And that all Co[m]mitments to Prison on any Writt or Processe of any Person or Persons by the said Judges any or either of them since the said Eleventh day of December shall be as available in Law to all Intents and Purposes as if the same had beene done by or before lawfull Sheriffes or Judges.

XIV. The Time from 10th Dec. until 12th March 1688 not accounted in Quare Impedit, &c. or in Statute of Limitations.

And forasmuch as since the Tenth day of December One thousand six hundred eighty eight the Chauncery was not open nor yet is whereby the Subject was hindred from prosecuting any Originall Writt Bee it therefore Enacted by the Authoritie aforesaid That noe part of the time from the said Tenth day of December untill the Twelfth day of March One thousand six hundred eighty eight shall be esteemed or accounted as any part of the six Months from the time of the avoidance of any Church in which any Patron upon any disturbance is bound to bring his Darrein Presentment or Quare Impedit or as any part of the time within which any person or persons by vertue of any Statute for Limitation of Actions ought to bring his or their Action or Actions But that all and every person and persons shall have allowance of soe much time from the Twelfth day of March as did or shall incurr betweene the said Tenth day of December and the said Twelfth day of March.

Footnotes

1 Recontinueing O.
2 interlined on the Roll.
3 day O.
4 interlined on the Roll.
5 on O.
6 Chester Lancaster O.