Charles II, 1661
An Act declaring the Paines Penalties and Forfeitures imposed upon the Estates and Persons of certaine notorious Offenders excepted out of the Act of Free and Generall Pardon Indempnity and Oblivion.

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History of Parliament Trust

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John Raithby (editor)

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1819

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317-320

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'Charles II, 1661: An Act declaring the Paines Penalties and Forfeitures imposed upon the Estates and Persons of certaine notorious Offenders excepted out of the Act of Free and Generall Pardon Indempnity and Oblivion.', Statutes of the Realm: volume 5: 1628-80 (1819), pp. 317-320. URL: http://www.british-history.ac.uk/report.aspx?compid=47299 Date accessed: 16 April 2014. Add to my bookshelf


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12 C. II. c. 11. recited.

Recital that no Act has been passed inflicting Penalties on Lord Mounson and others.; The Manors, Lands, &;c. of the said Lord Mounson and others,; of which they were seized the 20th March 1646, or since, forfeited and vested in His Majesty; and the personal Estate of which some of them were possessed at the time of their Death.; and of which others of them were possessed on 11th Feb. 1659; forfeited, and vested in His Majesty.

WHEREAS in a certaine Act passed in the late Assembly held att Westminster in the twelfth yeare of His Majesties Reigne and confirmed by the Authority of this present Parliament Entituled An Act of Free and Generall Pardon Indempnity and Oblivion (amongst other things) it is provided that nothing therein conteyned should extend to discharge the Lands Tenements Goods Chattels Rights Trusts and other the Hereditaments late of Isaac Ewre deceased Sir John Danvers deceased Sir Thomas Maleverer Baronett deceased William Purefey deceased John Blakiston deceased Sir William Constable Baronett deceased Richard Deane deceased Francis Aleyn deceased Peregrin Pelham deceased John Moore deceased John Aldred alias Alured deceased Humphrey Edwards deceased Sir Gregory Norton Baronet deceased John Venn deceased Thomas Andrewes Alderman deceased Anthony Stapley deceased Thomas Horton deceased John Fry deceased Thomas Hammond deceased and Sir John Bourchier deceased of and from such paines penalties and forfeitures as by one other Act of Parliament intended to bee afterwards passed for that purpose should be expressed and declared All which persons before mentioned were whilst they lived notoriously knowne to have beene wicked and active Instruments in the prosecution and compassing of that horrid and Execrable Treason the Murder of our late Soveraigne Lord King Charles the first of ever blessed memory And whereas William Lord Mounson James Challoner Sir Henry Mildmay Sir James Harrington John Phelps and Robert Wallop who in the month of January One thousand six hundred forty and eight did act and sit in that traiterous Assembly which proceeded against the Person and Life of our said late Soveraigne ( (fn. 1) ) King Charles the First and Sir Arthur Haslerig who in his life [time (fn. 2) ] did commit many horrid and traiterous Crimes against the Person Crown and Dignity of his late Majestie of glorious memory and his Majesty that now is are all of them excepted out of the said Act and reserved to future Paines Penalties and Forfeitures not extending to life since the passing of which Act so as aforesaid confirmed Sir Arthur Haslerig and [James (fn. 2) ] Challoner died and no Act hath yet passed for the inflicting of due Paines Penalties and Forfeitures upon the persons and Estates of the Offenders aforesaid Wee therefore the Lords and Commons in Parliament assembled doe beseech your Majestie that it may be Enacted And be it Enacted by the Kings most Excellent Majestie by and with the advice and consent of the Lords and Commons in this present Parliament assembled and by authority of the same That all and every the Mannors Messuages Lands Tenements Rents Reversions Remainders Possessions Rights Conditions Interests Offices Fees Annuities and all other the Hereditaments Leases for yeares Chattels Reall and other things of what nature soever they be of them the said Isaac Ewer Sir John Danvers Sir Thomas Maleverer William Purefoy John Sir William Constable Richard Deane Francis Aleyn Peregrin Pelham John Moore John Aldred alias Alured Humphrey Edwards Sir Gregory Norton John Venn Thomas Andrewes Anthony Stapley Thomas Horton John Fry. Thomas Hammond Sir John Bourchier William Lord Mounson James Challoner Sir Henry Mildmay Sir James Harrington John Phelps Robert Wallop and Sir Arthur Haslerig which they or any of them or any other person or persons to theire or any of theire uses or in trust for them or any of them had the five and twentieth day of March in the yeare of our Lord One thousand six hundred forty and six or att any time since shall stand and be forfeited unto your Majesty your Heires and Successors and shall bee deemed vested and adjudged to be in the actuall and reall possession of Your Majestie without any Office or Inquisicon thereof hereafter to be taken or found And alsoe that all and every the Goods Debts and other the Chattels personall whatsoever of them the said Isaac Ewer Sir John Danvers Sir Thomas Maleverer William Purefoy John Blakiston Sir William Constable Richard Deane Francis Aleyn Peregrin Pelham John Moore John Aldred alias Alured Humphrey Edwards Sir Gregory Norton John Venn Thomas Andrewes Anthony Stapley Thomas Horton John Fry Thomas Hammond Sir John Bourchier James Challoner and Sir Arthur Haslerigg whereof they or any of them att the time of theire respective deaths or any other in Trust for them or any of them stood possessed or interessed in Law or Equity and all the Goods Debts and other the Chattels personall whatsoever of them the said William Lord Mounson Sir Henry Mildmay Sir James Harrington John Phelps Robert Wallop whereof upon the eleventh day of February in the yeare of our Lord One thousand six hundred fifty and nine they or any of them on any other in trust for them or any of them stood possessed either in Law or Equitie shall bee deemed and adjudged to be forfeited and are hereby vested and put into the actuall and reall possession of your Majesty without any further Office or Inquisition thereof hereafter to be taken or found

II. Proviso for Conveyances and Assurances, &c. made bona fide since 1st Jan. 1641, and before 29th Sept. 1659;

and for Conveyances and Assurances made before 25th April 1660; so as they be enrolled in the Exchequer before 1st Jan. 1662.

Provided alwaies and bee it enacted by the Authority aforesaid That no Conveyance Assurance Grant Bargain Sale Charge Lease Assignement of Lease Grants and Surrenders by Copy of Court Roll Estate Interest Trust or Limitation of any use or uses of or out of any Mannors Lands Tenements or Hereditaments [not being the Lands nor Hereditaments (fn. 3) ] of the late King Queene or Prince or of any Archbishops Bishops Deanes Deanes and Chapters nor being Lands or Hereditaments sold or given for the delinquency or pretended delinquency of any person or persons whatsoever by vertue or pretext of some Act Order Ordinance or reputed Act Order or Ordinance since the first day of January One thousand six hundred forty and one not any Statute Judgement or Recognizance had made acknowledged or suffered to any person or persons Bodies Politick or Corporate before the nine and twentieth day of September One thousand six hundred fifty and nine by any of the Offenders before in this Act mentioned or theire Heires or by any other person or persons claiming by from or under them or any of them other then [the (fn. 3) ] Wife or Wives Child or Children Heire or Heires of such person or persons or any of them for money bona fide to them or any of them paid or lent or other valuable considerac[i]on nor any Conveyance Assurance Grant or Estate made before the five and twentieth day of Aprill One thousand six hundred and sixty by any person or persons to any of the Offenders aforesaid in trust and for the benefit of any other person or persons not being any of the offenders aforesaid or in Trust for any Bodies Politique or Corporate shall be impeached defeated made voide or frustrated hereby or by any of the Convictions and Attainders aforesaid but that the same shall be held and enjoyed by the Purchasers Grantees Leasees Assignes Cestuy que use Cestuy que trust and every of them theire Heires Executors Administrators and Assignes respectively as if this Act had not beene made soe as the said Conveyances and all and every the Grants and Assurances which by vertue of this Act are and ought to be held and enjoyed as aforesaid shall before the first day of January which shall be in the yeare of our Lord One thousand six hundred sixty and two be entred and enrolled of Record in his Majesties Court of Exchequer and not otherwise Any thing in this Act herein before contained to the contrary in any wise notwithstanding

III. William Lord Mounson, Sir Henry Mildmay, Sir James Harrington, Robert Wallop, and John Phelps, degraded.

And be it further enacted by the Authority aforesaid That William Lord Mounson Sir Henry Mildmay Sir James Harrington Robert Wallop Esquire and John Phelps and every of them shall be and are hereby degraded from and made uncapable of all and every the Titles of Honour Dignities and Preheminencies which they or any of them now have or which at any time hereafter may descend unto them And that neither they or any of them shall att any time hereafter have beare or use the Name Stile Addition or Title of Lord Baronett Knight Esquire or Gentleman or any of them nor shall use or have any Coates or Escutcheons of Armes whatsoever nor any other legall Title or addition whatsoever but shall be for ever reputed and are hereby declared to bee Persons of Dishonour and Infamy

IV. William Mounson; Henry Mildmay, James Harrington, Robert Wallop, and John Phelps, to be drawn to Tyburn, as Persons executed for Treason, and back, and then imprisoned.

And further that they the said William Mounson Henry Mildmay James Harrington Robert Wallop and John Phelps and every of them shall upon the seaven and twentieth day of January which shall be in the yeare of our Lord One thousand six hundred sixty one or so soon after as they shall be apprehended carried to the Tower of London and from thence drawne upon Sledges with Ropes about theire necks and according to the manner of persons executed for High Treason quite through the streets of London unto the Gallows att Tiburn and from thence in like manner be brought back again to the Tower of London and [theire (fn. 4) ] or in such other Prison as his Majesty shall thinke fitt continue Prisoners and suffer paines of Imprisonment for and during the term of theire naturall lives

V. Proviso for Executors of the said Persons and Legacies.

Provided alwaies That no Executor or Administrator to any of the dead persons whose Estate is forfeited by this Act shall att any time hereafter be sued or molested for any Debt or Legacy by them paid as Executor or Administrator to any person or persons to whom the same was due or bequeathed and was by the said Executor or Administrator paid bona fide but the respective Legatees who have received any such Legacies from the said Executors shall be accomptable to the Kings Majestie for all such Legacies as they have respectively received and shall pay the same to the Kings most Excellent Majesty

VI. Proviso for Sir William Lewis as to East Mean Park, &c. in the County of Southampton.

General Saving.; Proviso for Cuthbert Collingwood and George Collingwood in respect of the Manors of Barton, &c. in the County of Northumberland.

Provided alwaies That nothing in this Act shall be construed to forfeit the Term Estate or Interest which Sir William Lewes of Borden in the County of Southampton Baronett had or hath in the custody of the Parke called East Mean Parke in the aforesaid County and in the game of Conies therein for the term of three yeares beene to come from our Lady day last being the remaining yeares of a greater terme (he the said Sir William [having (fn. 5) ] formerly possessed thereof) by an Assignement made by John Allen Executor of the said Francis Allen the which said Parke and Premisses being part of the Possessions of the Bishop of Winchester the said Sir William Lewes hath surrendred unto the said Bishop and hath now taken a new Lease thereof for three lives from the Bishop of Winchester the which said Lease for three lives so made by the said Bishop unto the said Sir William Lewes shall for and [and (fn. 5) ] notwithstanding this Act or any thing therein contained remain firm and good unto the said Sir William Lewes according to the true meaning of [the (fn. 6) ] said Lease Saving alwaies to all and every person and persons Bodies Politique and others theire respective Heires Successors Executors and Administrators all such Estate Right and Title and Interest in Law and Equity which they or any of them have or ought to have of in to or out of any of the Premisses not being in Trust for any the said Offenders nor derived by from or under the said offenders since the five and twentieth day of March one thousand six hundred forty six Saving alwaies and reserving to Cuthbert Collingwood Esquire and George Collingwood Gent. his Son theire and either of theire Heires and Assignes and the Farmers and Tennants of the said Cuthbert and George Collingwood or either of them and of theire Heires and Assignes all such Right Title of Entry and Action Use Interest and Possession which they or any of them or any in trust for them or any of them have or had or ought to have of in to or out of the Manours Towneships Villages IIamblets and Precincts of Eslington Whittingham Barton Throunton Fawden Keynton West Brunton East Brunton Dunnington Blakedon alias Blagdon and Wetslade or any of them in the Countie of Northumberland and of in to or out of the Lands Tenements Hereditam Rights Members and Appurtenances to them or any them belonging or appertaining as if this Act had never beene made

VII. Proviso for Rachael Powre as to a Copyhold in Chepmansford in the County of Southampton.

Provided alsoe That this Act nor any thing herein contained shall extend to prejudice the Estate and Interest in Law or Equity of Rachel Powre Widdow of in and to one Copyhold Messuage and Mill thereunto belonging with theire Appurtenances scituate lying and being in Chepmansford in the County of Southampton being parcell of the Mannour of Husband Priors which by Order and Decree of the High Court of Chancery of the one and twentieth of June one thousand six hundred sixty one she is to be forthwith restored unto and put in to possession of and to quietly hold and enjoye the same during her Widowhood with the meane proffits thereof taken by the said Mr. Wallop But that it shall and may be lawfull to and for the said Rachel Powre to hold and enjoye the same according to the said Decree

VIII. Proviso for Barrington Bourchier as, to Lands granted by Letters Patent 22d March, 13 Car. II.

Provided alwaies and it is hereby further Enacted That it shall and may bee lawfull to and for Barrington Bourchier Esquire Son and Heire of Sir John Bourchier herein before mentioned to hold and enjoye all and singuler the Lands Tenements and Hereditaments to him lately granted and conveyed or menc[i]oned to be granted and conveyed in and by certaine Letters Patents under the Great Seale of England bearing date the two and twentieth day of March in the thirteenth yeare of His Majesties Reigne against His Majesty His Heire and Successors for ever according to the full intent and meaning of the said Letters Patents Any thing in this present Act contained to the contrary thereof in any wise notwithstanding

ITEM quedam petic[i]ones privatas personas concernentes (in se formam actus continentes) exhibite fuerunt p[re]dicto Domino Regi Parliamento predicto qua[rum] tituli subscribuntur

1. An Act for ascertaining and establishing the Fees of the Masters of the Chancery in ordinary.

2. An Act for confirming a sale made by Sir Thomas Prestwich and others of the Manour of Holm and certaine Lands in the Parish of Manchester in the County of Lancaster unto Sir Edward Mosley Baronet.

4. An Act for restoring of Thomas Radcliffe Esq[uire] to all his Lands and possessions in England and Ireland.

5. An Act enabling John Harbin Esq[uire] to setle sell and dispose of severall Manours Messuages Lands Tenements and Hereditaments with thappurtenances in the County of Somersett and Dorsett therein menc[i]oned for payment of his debts and to make provision for his younger children

6. An Act to enable the sale of some of the Lands of Thomas Hunt Esq[uire] & John Hunt Gent. for payment of theire debts.

7. An Act for setling the Manours of Knoll Seale and Kempsing in the County of Kent upon the Earle of Dorsett and his heires & charging the Manour of Bexhill and the Manour or Farm of Cowding and other Lands in the County of Sussex with a rent charge of one hundred and thirty pounds per annu[m] in leiu thereof

8. An Act for confirmac[i]on of the Charter & priviledges of the Master Wardens & Comonalty of Weavers Fullers and Clothiers in the City of Worcester

9. An Act for setling severall Lands. late of Sir Edward Baesh Knight upon Sir Ralph Baesh Knight of the Bath heir of the said Sir Edward and his heires

10. An Act for confirmac[i]on & explanac[i]on of an Act for the setling of some of the Manours & Lands of the Earle of Cleaveland in trustees to be sold for the satisfying of the debts of the said Earle and of Thomas Lord Wentworth his sonne

11. An Act for the uniting the Parsonages of St Andrewes and St Mary Witton in Droitwich in the County of Worcester.

12. An Act to enable John Lord Abergavenny son and heire of Henry late Lord Abergavenny to sell certaine Lands for payment of his debts and preferment of his brother and sisters.

13. An Act for the naturalizing of Francis Brudenell Esq[uire] son and heire apparent of the Right Honorable Robert Lord Brudenell and of the Right Honourable Anna Maria Countesse of Shrewsbury daughter of the said Lord Brudenell and now wife of the Right Honourable Francis Earle of Shrewsbury

14. An Act for the reviving a setlement of certaine lands on John Orlibeare for life the remainder to the sons of the said John successively and the heires males of theire bodies &c

15. An Act for confirming and continuing an Act for necessary maintenance of the worke of drayning the Great Levell of the Fenns.

16. An Act for confirming of an Inclosure of land formerly used for a Co[m]mon high way from Parsons Greene to Southfeild in Fulham and the setling of other land for a co[m]mon highway there in leiu thereof

17. An Act enabling trustees to sell certaine Lands & Tenements in the Counties of Suffolk and Nortolke for ye payment of the debts of Richard Gipps Esquire and providing portions for his younger children.

Footnotes

1 Lord O.
2 interlined on the Roll.
3 interlined on the Roll.
4 there O.
5 O. omits.
6 his O.