William and Mary, 1694: An Act for the Kings most gracious general and free pardon. [Chapter XX. Rot. Parl. pt. 6.]

Statutes of the Realm: Volume 6, 1685-94. Originally published by Great Britain Record Commission, s.l, 1819.

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'William and Mary, 1694: An Act for the Kings most gracious general and free pardon. [Chapter XX. Rot. Parl. pt. 6.]', in Statutes of the Realm: Volume 6, 1685-94, (s.l, 1819) pp. 607. British History Online https://www.british-history.ac.uk/statutes-realm/vol6/p607a [accessed 25 April 2024]

In this section

A Pardon of all Crimes to all Subjects.

Pains of Death, &c; not hereafter excepted; before and unto 29th April 1695.

WILLIAM. R.
The Kings most excellent Majesty observing that his Royal inclination to mercy (which hath appeared as well by a most general and free pardon as by many particular instances of grace extended to such as had made themselves obnoxious to the Laws) hath not had soe good an effect as might justly bee expected but on the contrary diverse obstinate and incorrigible persons have been thereby rather encouraged and emboldened to enter into treasonable and seditious designes and practices hath heretofore upon mature deliberation found it necessary in order to the peace and quiet of his Kingdomes and the happy estate of his good Subjects and hath accordingly resolved and determined for the future that such wicked and ill disposed persons who are not to bee reclaimed by mercy should bee deterred from offending and retained in their duty by a strict and impartial execution of his Laws yett neverthelesse his Majesty being still desirous to pursue his Princely disposition to forgive and resolving that his clemency shall precede his justice thereby to leave utterly without excuse all such of his Subjects who after soe publick a warning and soe full a declaration of his Royal purpose attended with his repeated Act of grace shall hereafter presume to violate their duty and allegiance and break the Laws and hath accordingly thought fitt to grant his general and free pardon in a more large and bountiful manner than hath been heretofore done. And therefore his Majesty is well pleased and contented that it bee enacted by the authority of this present Parliament and bee it enacted by the authority of the same in manner and forme following that is to say That all and every his Majesties Subjects as well Spiritual as Temporal of this his Majesties Realme of England Dominion of Wales and Towne of Berwick upon Tweed their heires executors and administrators and every of them and all and singuler Bodies in any manner of wise corporated Cities Burroughs Shires Ridings Hundreds Lathes Rapes Wapentakes Townes Villages Hamletts and Tythings and every of them and the successor and successors of every of them shall bee by authority of this present Parliament acquitted pardoned released and discharged against his Majesty his heires and successors and every of them of and from all manner of treasons felonies misprisions of treason treasonable and seditious words or libels misprisions of felony seditious and unlawfull meetings and conventicles, and all offences whereby any person may bee charged with the penalty and danger of premunire. And alsoe of and from all riots routs offences contempts trespasses entries wrongs deceits misdemeanors forfeitures penalties and su[m]ms of money pains of death pains corporal and pains pecuniary and generally of and from all other things causes quarrels suites judgements and executions in this present Act not hereafter excepted or foreprized which may bee or can bee by his Majesty in any wise or by any means pardoned had done comitted omitted perpetrated incurred or forfeited before and unto the Twenty ninth day of Aprill in the yeare of our Lord One thousand six hundred ninety five.

II. The Pardon to be as good as if all Things were particularly named;

and the King's Subjects not to be sued, &c. for any Matter done, &c. against the Crown before the said 29th April, except as herein mentioned.

And alsoe the Kings most excellent Majesty is contented that it bee enacted by the authority of this present Parliament and bee it enacted by the authority of the same That this his free pardon shall bee as good and effectual in law to every of his said Subjects Bodies Corporate and others before rehearsed in for and against all things which bee not hereafter in this present Act excepted and forprized as the same pardon should have been if all offences contempts forfeitures causes matters suits quarrels judgements executions penalties and all other things not hereafter in this present Act excepted and foreprized had been particularly singularly specially and plainely named rehearsed and specified and alsoe pardoned by proper and expresse words and names in their kinds natures and qualities by words and termes thereunto requisite to have been putt in and expressed in this present Act of free pardon And that his said Subjects or any of them the heires executors or administrators of any of them or the said bodies corporate and other before named and rehearsed or any of them bee not nor shall bee sued vexed or unquieted in their bodies goods chattels lands or tenements for any matter cause contempt misdemeanor forfeiture trespasse offence or any other thing suffered done or co[m]mitted or omitted before the said Twenty ninth day of April against his Majesty his Crowne Dignity Prerogative or the Laws or Statutes of this Realme but onely for such matters causes and offences as bee rehearsed mentioned or in some ways touched in the exceptions of this present Act to bee foreprized and excepted and for none other Any statute or statutes laws customes or usages heretofore had made or used to the contrary in any wise notwithstanding.

III. Grant of all Forfeitures incurred before said 29th April to the Subject.

And his Majesty of his bounteous liberality and by the authority of this present Parliament doth grant and freely give to every of his Subjects every of the said Bodies Corporate and others before rehearsed and every of them all Goods Chattells Debts Fines Issues Profitts Amerciaments Forfeitures and Su[m]ms of Money by any of them forfeited which to his Majesty doe or shall belong or appertaine by reason of any Offence Contempt Trespasse Entry Misdemeanor Matter Cause or Quarrel suffered done or committed by them or any of them before the said Twenty-ninth day of April which bee not hereafter in this present Act foreprized and excepted.

IV. Grants or Executions upon Forfeitures how far of force.

And bee it enacted neverthelesse That all Grants thereof or of any part thereof made by any such as have soe forfeited the same and are hereby restored as aforesaid and all Executions thereof or of any part thereof had against any such after such Forfeiture thereof committed or made shall bee of such force and effect as if noe such Forfeiture had been had or made and of noe other the same Forfeiture or any thing before in this Act to the contrary notwithstanding.

V. Any Person may plead this Pardon.

Fee.

And bee it further enacted That all and every his Majesty's Subjects and all and singuler Bodies Corporate and others before rehearsed may by him or themselves or by his or their deputy or deputies or by his or their attorney or attorneys according to the Law of this Realme plead and minister this present Act of free pardon for his or their discharge of or for any thing that is by virtue of this present Act pardoned discharged given or granted without any fee or other thing paying to any person or persons for writeing or entry of the Judgements or other Cause concerning such plea writing or entry but onely Sixteen pence to bee paid to the Officer or Clerk that shall enter such plea or matter for judgement or the parties discharge in that behalfe Any Law Custom or Usage to the contrary notwithstanding.

VI. Pardon expounded most beneficially for the Subject.

And furthermore his Majesty is contented and pleased that it bee enacted by the authority aforesaid That this his free pardon by the general words clauses and sentences before rehearsed shall bee reputed deemed adjudged expounded allowed and taken in all manner of Courts of his Majesty and elsewhere most beneficial and available to all and singular the said Subjects Bodies Corporate and others before rehearsed and to every of them in all things not in this present Act excepted and foreprized without any ambiguity question or ( (fn. 2) ) delay whatsoever to bee made pleaded objected or alledged by the Kings Majesty his Heires or Successors or by his or any of their general attorney or attorneys or by any person or persons for his Majesty or any of his Heires or Successors.

VII. Officer offending in making out Process, or taking Money for Things pardoned;

or Sheriff taking or withholding Things pardoned; Penalty £10. and Treble Damages and Costs; Process void.

And be it further enacted by the authority aforesaid That if any Officer or Clerk of any of his Majesties Courts commonly called the Chancery Kings Bench Co[m]mon Pleas or Exchequer or any other Officer or Clerk of any ( (fn. 2) ) his Majesties Courts within this Realme att any time after the last day of Trinity Terme One thousand six hundred ninety five make out or write out any writts processe su[m]mons or other precept whereby any of the said Subjects or of the Bodies Corporate or others before rehearsed or any of them shall bee in any wise arrested attached distrained summoned or otherwise vexed inquieted or grieved in his or their Bodies Lands Tenements Goods or Chattells or any of them for or because of any manner of thing pardoned or discharged by virtue of this Act or if any Sheriff or Escheator or any their deputy or deputies or any Bayliff or other Officer whatsoever by colour of his or their Office or otherwise after the said last day of Trinity Terme One thousand six hundred ninety five doe levy receive take or withhold of or from any person or psons any thing pardoned or discharged by this Act that then every such person soe offending and thereof lawfully convicted or condemned by any sufficient testimony witnesse or proof shall yeild and pay for recompence thereof to the party soe grieved or offended thereby his or their treble damages besides all [the (fn. 3) ] costs of the Suit and shall alsoe forfeit and lose to the Kings Majesty for every such offence Tenne pounds And neverthelesse all and singuler such writts processe and precepts soe to bee made for or upon any manner of thing pardoned or discharged by this present Act of free pardon shall bee utterly void and of none effect.

VIII. Exceptions. Persons against whom there has been a Proclamation.

Excepted and foreprized out of this Act of general and free pardon all persons against whom any Proclamation hath been published att any time since the Seven and twentieth day of April in the yeare of our Lord One thousand six hundred ninety foure and before the said Nine and twentieth day of April One thousand six hundred ninety five.

Prisoners of War.

And alsoe excepted out of this general pardon all persons who have been prisoners of Warr att any time since the First day of June in the yeare of our Lord One thousand six hundred eighty nine and before the Thirtieth day of April One thousand six hundred ninety five.

Prisoners under Bail for Crimes.

And alsoe excepted all persons who are or shall bee prisoners or under bail for any Crime upon the said Nine and twentieth day of April One thousand six hundred ninety five.

Persons in Territories of France.

And alsoe excepted and foreprized out of this general and free pardon all persons who are now remaineing continueing or being in any of the Dominions or Territories belonging to the French King (other than those who are actual prisoners.

Persons employed by the French King, &c.

And alsoe excepted all such persons who are any ways employed by or in the service of the said French King or are employed by or in the service of the late King James.

Persons impeached this Session.

And alsoe excepted all persons who have been or shall bee impeached in Parliament dureing this present Session.

Treasons out of the Realm.

And alsoe excepted all and every manner of treasons committed or done by any person or persons in any parts or places out of this Realme of England since the Thirteenth day of February One thousand six hundred eighty eight.

Treasons, &c. 3 & 4 (3) W. & M. c. 13.

And alsoe excepted all treasons and other offences committed or done contrary to or against an Act of this present Parliament made att a Session held in the Third and Fourth yeares of the reigne of King William and Queen Mary intituled An Act against corresponding with their Majesties Enemies.

Treasons upon the Seas, &c.

And alsoe excepted all treasons done or committed upon the high seas and all suits punishments outlawries judgments executions paines of death forfeitures and penalties for or by reason or occasion of any the treasons and offences before excepted.

Offences against 13 Car. II. Stat. 1. c. 9.

And alsoe excepted all offences comitted or done by any Officers Mariners Soldiers or others contrary to or against an Act of Parliament made in the Thirteenth yeare of the reigne of King Charles the second intituled An Act for the establishing articles and orders for the regulateing and better government of his Majesties Navy Ships of Warr and Forces by Sea.

Offences against 1 W. & M. Sess. 1. c. 34; 2 W. & M. Sess. 2. c. 14; 4 & 5 W. & M. c. 25.

And alsoe all offences comitted or done against an Act made in the first yeare of the reigne of King William and Queen Mary intituled An Act for prohibiting all trade and commerce with France and another Act made in the second yeare of the said reigne of King William and Queen Mary intituled An Act for the more effectual putting in execution the said last menc[i]oed Act and against an Act of this present Parliament made att a Session held in the Fourth and Fifth yeares of King William and Queen Mary intituled An Act for continuing the Acts for prohibiting all trade and commerce with France and for the encouragement of Privateers or against any of them.

Forging Great Seal, &c. and Coiners diminishing the Coin.

And alsoe excepted out of this free pardon all offences of forgeing and false counterfeiting the Great or Privy Seal Signe Manual or Privy Signett or of any of the Moneys currant within this realme and alsoe all offences of clipping washing fileing scaling lightning impaireing or other unlawfull diminishing any ( (fn. 4) ) of the said moneys by any ways or means whatsoever contrary to the laws and statutes of this realme.

Bringing in and uttering false Money, &c.

And alsoe except the offences of bringing into this realme any false or counterfeit money made or counterfeited out of this realme knowing the same to bee counterfeit and uttering any such false or counterfeit money and all misprisions and concealments of the treasons before excepted and all abetting aiding comforting and procuring of the same offences or any of the said treasons before excepted

Escapes of Traitors.

And alsoe excepted out of this pardon all escapes of traytors or others and the offences of being consenting or accessary thereto or permitting the same.

Murders, Petit Treasons, &c.

And alsoe excepted all manner of voluntary murders petit treasons and wilfull poisonings done or committed by any person or persons and alsoe all wilfull burning of houses or barnes with corne in them att the time of such burning and all and every the accessaries of the same offences or any of them.

Piracies.

And alsoe excepted and foreprized out of this general pardon all piraces and robberies done upon the seas and all and every procuring or abetting any such offenders and the comforting and receiving of them or any of them or of any goods taken by way of Piracy or robbery upon the seas as aforesaid.

Burglaries, &c.

And alsoe excepted out of this pardon all burglaries and all breaking into and stealing out of any dwelling house or [or (fn. 5) ] houses in the day and all accessaries to any the said burglaries and felonies.

Robberies of Church and on the Highway.

And alsoe excepted all robberies of Churches and stealing any plate utensils or goods of or belonging to the same And alsoe all robberies committed upon any person or persons in or neare the highway.

Buggery.

And alsoe excepted the detestable and abominable vice of buggery committed with mankind or beast.

Rape.

And alsoe excepted all rapes and carnal ravishments of women.

Taking away Women.

And aisoe excepted all ravishments and wilful takeing away or marrying of any widdow maid or damsel against her will or without the assent or agreement of her parents or such as then had her in custody and all offences of aiding and comforting procureing or abetting any such ravishments wilfull takeing or marrying had committed or done.

Perjury, Forgery, Subornation, counterfeiting Fines, &c; Forging Examinations of Witnesses tending to take away Life.

And alsoe excepted out of this pardon all offences of perjury and subornation of witnesses and endeavouring or conspireing to bribe and corrupt any person to give a false testimony and the offences of forgeing and counterfeiting and solicitation of forgeing and counterfeiting any fines or other records deeds wills escripts or writeings whatsoever and alsoe the offences of forgeing or counterfeiting Seamens ticketts or authorities for receiving any su[m]ms of money due to Seamen And all offences of forgeing and counterfeiting any examinations or testimonies of any witnesse or witnesses tending to bring any person or persons into danger of his life and all procureing or [concealing (fn. 6) ] of any such forgeries or counterfeitings had made committed or done.

Offences against 25 Car. II. c. 2..

And alsoe excepted out of this Act of general pardon all offences committed or done contrary to or against an Act of Parliament made in the Five and twentieth yeare of the reigne of King Charles the Second intituled An Act for preventing dangers which may happen from Popish Recusants.

Offences against 30 Car. II. Stat. 2.

And alsoe excepted all offences committed against an Act of Parliament made in the Thirtieth yeare of the reigne of the said King Charles the Second intituled An Act for the more effectual preserving the Kings Person and Government by disableing Papists from sitting in either House of Parliament and all forfeitures paines penalties and disabilities which any person or persons is are or may bee liable to by reason of any of the said offences committed against either of the said statutes.

Destroying Timber in Forests.

And alsoe excepted all offences committed in any Forest since the Thirteenth day of February One thousand six hundred eighty eight in cutting downe takeing away or destroying any timber or trees or any, fences or inclosures of or in the said Forests.

High Treason and all Offences against any Act (except about Apprentices) already prosecuted; and Forfeitures, &c. for which Action has been brought as herein mentioned.

And alsoe excepted all offences of high treason and all other offences misdemeanors contempts or other Act or deed had suffered committed or done contrary to any Act of Parliament (other then useing or causeing to bee used any craft mystery or occupation by any persons not brought upp therein seven yeares as an apprentice) or contrary to the common law of this realme And all forfeitures and other penalties and profitts now due accrued and growne and which shall or may bee due accrue or grow to the Kings Majesty by reason of any the crimes or offences aforesaid whereof or for which any action bill plaint information or indictment att any time within two yeares next before the day of assembling and holding of this Parliament or att any time since hath been found commenced or sued in any of his Majesties courts att Westminster or before any Commissioners of Oyer and Terminer Goal Delivery or Justices of Assize and is depending and remaining to bee prosecuted or, whereupon any verdict judgment or decree is already given or entred or whereof or whereupon his Majesty or her Majesty the late Queen of blessed memory by his or her bill signed or otherwise have or hath made any gift or assignment to any person or persons before the said Thirtieth day of April One thousand six hundred ninety five And all awards of court orders sentences judgements executions and proceedings had or to bee had upon or concerning or by reason or occasion of any such offence misdemeanor contempt act or deed.

Informations concerning Bridges, &c. depending.

And alsoe excepted out of this pardon all informations indictments and other proceedings depending concerning any common high-ways or bridges and all issues returned upon any processe concerning the same since the Twentieth day of March One thousand six hundred seventy nine.

Embezzling the King's Goods, &c; Conveying Stores, &c. to the French King. Breach of Covenant with the King.

And alsoe excepted all offences in taking away imbezling or purloyning any of the Kings Majesties goods monies chattells jewels armour munition stores naval provisions shipping ordnance and other habiliments of warr and all offences in conveying to the French King or any of his subjects any naval stores or commodities or contraband goods or supplying him or them with the same.

Breach of convenant with the King.

And alsoe excepted all conditions and covenants and all penalties titles and forfeitures of conditions or covenants accrued or growne to his Majesty by reason of the breach and not performeing of any covenant and condition whatsoever.

Actions of Quare Impedit.

And alsoe excepted all titles suites and actions of Quare impedit.

Incest, Simony, &c.

And alsoe excepted all offences of incest simony or dilapidations.

Adultery and other Crimes by Persons in Orders.

And alsoe excepted adultery extortion and all other enormous crimes committed by any person in holy orders punishable in any ecclesiastical court and all proceedings and sentences thereupon.

First Fruits, &c; Bishops not discharged, &c.

And alsoe excepted out of this pardon all first fruits and tenths pensions procurations synodals and other payments out of any ecclesiastical promotion or benefice other then arreares of tenths which att any time before the said First day of this Session of Parliament did become due for upon or out of any small rectory vicaridge or benefice which att the true and greatest valuation and improvement is not of the yearely value of Thirty pounds and which shall bee soe certified [to (fn. 7) ] the respective bishopp or guardians of the spiritualties to his Majesties Courts of Exchequer before the last day of Michaelmasse terme One thousand six hundred ninety five. Provided that this shall not bee construed to pardon or discharge any Bishopp or Receiver of or from answering or paying any of the said arreares by him received.

Concealment of Duties.

And alsoe excepted out of this pardon all and every the su[m]ms of money and duties following and the concealment or wrongfull detainment thereof (that is to say) of any custome or subsidy excise arreares of hearth money imposition upon wine or other liquors or commodities duties upon salt duties upon the tu[r]nage of shipps duties upon parchment velum and paper arreares of any land tax poll money arreares of rent and all other su[m]ms of money due or oweing from any licensed hackney or stage coachmen duties ariseing by wine licences or the post-office or any other tax assessment duty imposition debt or su[m]m of money whatsoever to the Kings Majesty given or leviable by any Act of Parliament or otherwise due or belonging to the Kings Majesty and all arreares thereof and all forfeitures penalties and disabilities ariseing thereby or for ( (fn. 8) ) nonpayment concealment or detayning thereof and all corruptions and misdemeanors of any officer or minister of in or concerning the same and all accounts and suits whatsoever to bee had made or prosecuted for the same and all concealments frauds and offences by which his Majestie hath been deceived and not truely answered of or for the same.

Misdemeanors of Officers.

And alsoe excepted out of this Act of pardon all misbehaviours misdemeanors or omissions committed suffered or done by any officer in or concerning the execution of his office and all forfeitures and penalties to which any officer is or may bee liable by reason of such misbehaviours misdemeanors or omissions and all suits proceedings & prosecutions had or to bee had for or by reason thereof.

£500 Penalty in 5 & 6 W. & M. c. 21. pardoned.

Yett neverthelesse the forfeitures of Five hundred pounds and all other penalties and disabilities which have been incurred by any person before the said Twenty ninth day of April in the yeare of our Lord One thousand six hundred ninety [five (fn. 9) ] or which any person or persons is are or may bee liable to for writing or causing to bee written before the said Twenty ninth day of April any matter or thing upon parchment velum or paper not stampt according to the direction of an Act of this present Parliament made in the Fifth and Sixth yeares( (fn. 10) ) of King William and Queen Mary intituled An Act for granting to their Majesties several duties upon velum parchment and paper for Foure yeares towards carrying on the warr against France are hereby fully pardoned and discharged.

Taking away Goods, Rents, &c. forfeited to King Charles II. or James II. or His present Majesty and the late Queen; Rents, &c. of Temporalties in the King's Hands.

And alsoe excepted all and every manner of taking from the Kings Majesty or from the Kings and the late Queens Majesties or the late [King (fn. 11) ] Charles the Second and [King (fn. 12) ] James the Second or either of them any goods or chattells forfeited by reason of any treason petit treason murder or felony heretofore committed or done and alsoe all and every manner of taking from his Majesty or from his Majesty and the said late Queen or either of the said late Kings the issues rents revenues or profitts of any mannor lands tenements or hereditaments which were of any traytor murderer felon clerk or clerks attainted or any of them and alsoe all and all manner of taking from the Kings Majestie or from the said King and the late Queens. Majesties or either of the said late Kings the issues rents revenues and profitts of any mannor lands tenements or hereditaments parcell of the possessions of any bishoprick the temporalties whereof upon the Twentieth day of March in the yeare of our Lord One thousand six hundred seventy nine or att any time since were or of right ought to have been in his their or either of their hands.

Arrearages due from Farmers of the Revenue.

And alsoe excepted out of this pardon all arrearages of rent due from any farmer of any part of the revenue ariseing by customs excise or hearth-money or impositions upon proceedings att law or by any other branch or part of the publick revenue and all arrearages of fee farme rents and other rents.

All Accounts, &c. from Collectors, &c. to the King; which have grown due since 25th March 1673, &c.

And alsoe excepted all and singular accounts of all and every Collector and Collectors Commissioners Tresurers Receivers or other Officers or Accountants whatsoever who have received or collected or are any other way accountable to his Majestie for any subsidy custome subsidy of tunnage and poundage additional duty prize goods excise arreares of hearth-money impositions upon wines and other liquors or co[m]modities duties upon salt duties upon the tunnage of shipps duties upon parchment velum and paper arreares of any land tax poll-money arreares of rent or other su[m]ms of money for licensing hackney and stage coaches duties ariseing by wine licences or the post-office or any other tax assessment duty imposition debt su[m]m of money or other things whatsoever given to the Kings Majesty or leviable by Act of Parliament or otherwise belonging to his Majesty and which have growne due or happened since the Twenty fifth day of March in the yeare of our Lord One thousand six hundred seventy three and all accounts of every other person whatsoever that ought to bee Accountant to the Kings Majestie for or in respect of any receipt or other charge which hath growne since the said Twenty fifth day of March and the heires executors administrators and sureties of any person that ought to account for all things touching onely the same accounts and all and singuler arrearages of accounts and untrue accounts made or rendred since the said Twenty fifth day of March and all impetitions charges seizures suites demands and executions which may or can bee had of or for any such account or accounts or any arrearages of the same.

Recognizances of Receivers of Land Tax, &c.

And alsoe excepted all recognizances obligations and other securities given or entred into by any receiver of any land tax or any other duties impositions or other su[m]ms of money whatsoever due or payable to his Majesty by Act of Parliament or otherwise or by any reeve bailiffe collector or other accountant in the Court of Exchequer and their sureties and their accounts [respectively (fn. 13) ] and all other recognizances and obligations whatsoever conditioned for payment of money.

IX. Recognizances, &c. forfeited and not forfeited as herein mentioned, Specialties to the Crown, &c.

Recognizances, &c. whereupon any Seizure hath been made on which any thing hath been paid since the said 25th March, &c.

Provided always and bee it enacted That this Act shall not extend or bee construed to pardon or discharge any recognizance or obligation not yet forfeited nor to pardon or discharge any forfeited recognizance or obligation or any other forfeiture or penalty whereof the Farmers of the Excise or the Farmers of any other part of the publick Revenue ought to receive any benefitt or advantage Nor to pardon or discharge any debt due by recognizance obligation or other specialty to any person or persons indebted to his Majesty which hath been duely seized in aid of his Majesties debt Nor to pardon or discharge any debt due by recognizance obligation condemnation or otherwise whereupon any estallment or seizure hath been att any time heretofore made upon which estallment or seizure any thing is or att any time since the said twenty fifth day of March hath been answered and paid Nor to pardon or discharge any Penalties Forfeitures ( (fn. 14) ) Su[m]ms of money due or accrued to his Majesty by reason of any Act Statute or Statutes which Forfeitures Penalties and Su[m]ms of money since the Twenty fifth day of March bee converted into the nature of any debt by any judgment order decree or by the agreement of the Offender or Offenders or have been estalled or any seizure made for the same And upon such seizure or estallment any thing answered or paid since the said Twenty fifth day of March.

Proviso for Recognizances for Appearance forfeited since the said 25th March.

Nevertheless it is hereby declared That all Obligations and Recognizances forfeited since the said Twenty fifth day of March for Non-appearance in any Court or other Place whatsoever or not keeping the Peace or not being of the good behaviour shall bee clearely pardoned and discharged except Recognizances granted to or in trust for the Lord Almoner.

Further Exception, Issues, &c. lost, &c.

And alsoe excepted out of this pardon all issues fines ( (fn. 15) ) amerciaments lost imposed or assessed since the said Twenty fifth day of March being totted levied or received by any Sheriff Under-Sheriff Bailiff Minister or other Officer before the last day of Trinity Terme One thousand six hundred ninety five.

And alsoe excepted all issues fines and amerciaments lost imposed or assessed since the said Twenty fifth day of March affeered taxed sett estreated or entred severally or particularly touching or concerning any one or more persons joyntly or severally above the su[m]m of Six pounds.

Issues, &c. returned, &c. within a Year before this Parliament.

And alsoe excepted all issues fines and amerciaments returned affeered taxed sett or entred severally or particularly in any Court of Record att Westminster att any time within the space of one yeare next before the first day of holding and assembling this present Parliament or att any time since.

Proviso for other Fines and Issues.

And yett neverthelesse all other fines as well fines Pro Licentia Concordandi as others sett taxed estreated or entred before that time and alsoe all issues and amerciaments as well real as others within any Liberties or without being sett taxed estreated or entred before the time aforesaid and which severally and particularly extend to or under the su[m]m of Six pounds and not above whether they bee estreated or not estreated or whether they bee turned into debt or not turned into debt and not being totted levied or received by any Sheriff Under Sheriff Minister or other Officer before the first day of this present Session of Parliament shall bee freely clearely and plainely pardoned and discharged against the Kings Majesty his Heires and Successors by force of this present Act.

Estreats of Fines, &c. hereby pardoned, already estreated, to be delivered into the Pipe Office.

And yett neverthelesse all estreats of such fines issues and amerciaments as bee now pardoned by this Act and which bee already estreated forth of the Court of Exchequer and bee remaining in the Hands of the Sheriff Under Sheriff or Bailiffe for collecting of the same fines issues and amerciaments shall upon the returne of the same estreats bee duely and orderly charged and delivered by Scrowes into the Office of the Pipe in the Court of Exchequer as heretofore hath been accustomed to the intent that thereupon order may bee taken that his Majesty may bee truely answered all such fines issues and amerciaments not by this Act pardoned and which any Sheriff Under Sheriff Bailiffe or other Officer or Minister hath received or ought to answer by force or colour of any such estreat processe or precept to him or them made for the levying thereof.

Sheriffs and other Accountants may petition for Allow-ance of Fines, &c. pardoned without Fee.

And yett that notwithstanding all and every Sheriff and Sheriffs and other Accountants upon his or their petition or petitions to bee made for the allowance of ( (fn. 16) ) such fines issues or amerciaments as by this Act are pardoned shall have all and every such his and their petition allowed in his and their account and accounts without paying any fee or reward to any Officer Clerk or other Minister for the making entring and allowing of any such petition or petitions Any usage or custome to the contrary hereof in any wise notwithstanding.

X. Further Exception King Charles the First's Murderers excepted by 12 C. II. c. 11. and the Two.; Persons appearing upon the Scaffold with Vizors.

Provided always That this Act shall not extend to pardon discharge or give any Benefitt whatsoever unto any person or persons who are by name particularly excepted out of the Act of free and general pardon indempnity and oblivion made in the Twelfth yeare of the reigne of his late Majestie King Charles the Second for their execrable treason and horrid murder of his Majesties royal grandfather of gracious memory Nor to those two persons or either of them who being disguised by frocks and vizors appeared upon the Scaffold att the time when the said murder was committed.

This Act not to heal Disabilities.

Nor shall this present Act give or restore any ability or capacity to take have hold or exercise any office place authority or employment ecclesiastical civil or military to any person or persons who in and by the said last mentioned Act or by virtue or reason of any other Act or [Act (fn. 17) ] were or are made or become incapable or disabled to have take hold or execute the same or of serving as a Member in Parliament but all and every such person and persons shall remaine and continue under all and every the disabilities and incapacities aforesaid Any thing in this present Act to the contrary notwithstanding.

Further Exception of Persons who have accepted any Office contrary to 12 Car. II. c. 11.

Nor shall this Act extend to pardon discharge or give any benefitt to any person who if hee after the First day of September One thousand six hundred and sixty hath accepted or exercised or hereafter shall accept or exercise any office ecclesiastical civill or military or any other publick employment within England Wales or the Towne of Berwick upon Tweed is by the said Act made in the Twelfth yeare of King Charles the Second to stand and bee as if bee had been totally by name excepted out of the said last mentioned Act but all and every such persons shall if they have or shall accept any office or employment contrary to the tenour of the [of the (fn. 18) ] said last mentioned Act bee out of this Act wholly excepted and foreprized.

Persons attainted of Rebellion.

And alsoe excepted out of this pardon all such persons as bee and remaine still attainted or condemned by Act of Parliament or otherwise of or for any rebellion or levying of warr or of and for any conspiracy of any rebellion or levying warr within this realme or any other his Majesties Dominions and all such persons who are attainted or outlawed of or for any treason petit treason murder wilfull poysoning or burglary or robbery upon the highway and all executions therefore.

Persons exiled by express Name, &c.

And alsoe excepted out of this pardon all such persons who by virtue of any former Act of Parliament are by expresse name exiled or upon whom any other paines penalties or disabilities whatsoever are by any Act of Parliament inflicted.

Persons detained in Custody, &c. by Act of this Session.

And alsoe excepted out of this Act of free and general pardon all such persons who by any Act which hath been or shall bee made dureing this present Session of Parliament are enacted to bee prisoners or detained in custody or disabled to dispose of their estates.

Persons giving or taking Money, &c. for procuring a new Charter, &c. for the East India Company.

And alsoe excepted out of this present Act all offences in giving or promiseing or in receiving or takeing or in accepting of any promise of any su[m]m of money or other gift reward or gratuity for the procureing or assisting in procureing ( (fn. 19) ) a new Charter or Charter of Restitution to the East-India Company or a Charter for the regulating of the said Company or in order to the obtaining or promoting an Act of Parliament for confirming the EastIndia Company or in order to prevent or obstruct the passing of an Act of Parliament for [settling or erecting. (fn. 20) ] a new East-India Company or in refusing to give evidence or declare their knowledge touching any of the said offences haveing been thereunto lawfully required.

Persons who have desired Transportation.

And alsoe excepted all such persons who after conviction or attainder of or for any manner of felony have desired to bee transported into any of his Majesties forreigne plantations.

Persons formerly excepted out of 12 Car. II. c. 11.

And alsoe excepted all such persons who being excepted out of the said Act of general pardon have had any paines or penalties imposed upon them by any subsequent Act of Parliament

Crimes against 27 Eliz. c. 2.

And alsoe excepted out of this pardon all and every offence and offences committed or done by any Jesuit Seminary or Romish Priests whatsoever contrary to the tenor or effect of the Statute made in the Seven and twentieth yeare of the reigne of the late Queen Elizabeth intituled An Act against Jesuits Seminary Priests and other disobedient persons or of any part thereof And all outlawries proceedings judgements and executions for the same offences or any of them.

Recusants Convictions.

And except all convictions of Popish Recusants for their recusancy

XI. Outlawry not stayed, &c. unless Defendant appear, &c.

Provided always and bee it enacted by the authority aforesaid That noe processe of outlawry or proceeding thereon att the suit of any person plaintiffe shall bee by virtue of this pardon stayed or avoyded unlesse the Defendant appeare and putt in bail where by law bail is necessary and take out a writt of Scire facias against the party att whose suit hee was outlawed And that this pardon bee not allowed to discharge any outlawry after judgment till satisfaction or agreement bee made to or with the party att whose suit the outlawry was obtained.

XII. This Act of Pardon may be given in Evidence.

And it is further enacted by the authority aforesaid 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 bee 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 Peace Constable or any other Officer questioned for matters acted by them as Officers may have the advantage of the matter of their justification upon the general issue by them pleaded by the Laws and Statutes of this Realme.

XIII. Good against the King's Grantee and the King.

And bee it further enacted by the authority aforesaid That this present pardon shall bee of as good force and effect to pardon and discharge all and singuler the premisses above mentioned and intended to bee pardoned and discharged as well against such person or persons bodies politick and corporate as doe or shall claime the same by or under any letters patents or lease or grant by the Kings Majesty or any his predecessors as against the Kings Majestie himselfe.

[Cui quidem bille in se formam actus continentis prelecte et ad plenum intellecte per dictum dominum Regem ex authoritate Parliamenti predci sic responsum est.

Le prelates Seigneurs et communes en ce Parliament assemblez au nom de tous vos autre sujects remercient tres humblement votre Majestie et prient Dieu vous donner en sané bonne vie et longue (fn. 21) ].

Footnotes

  • 1. other O.
  • 2. other O.
  • 3. O. omits.
  • 4. any O.
  • 5. O. omits.
  • 6. councelling O.
  • 7. by O.
  • 8. the O.
  • 9. this word is illegible in the original Act.
  • 10. of the Reign O.
  • 11. Kings O.
  • 12. O. omits.
  • 13. interlined on the Roll.
  • 14. of O.
  • 15. and O.
  • 16. any O.
  • 17. Law O.
  • 18. O. omits.
  • 19. of O.
  • 20. erecting or setting O.
  • 21. This above is the Form of the Assent to this Act on the Roll.