Charles II, 1672
An Act for the Kings Majestyes most Gratious, Generall and Free Pardon.

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History of Parliament Trust

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John Raithby (editor)

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1819

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786-791

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'Charles II, 1672: An Act for the Kings Majestyes most Gratious, Generall and Free Pardon.', Statutes of the Realm: volume 5: 1628-80 (1819), pp. 786-791. URL: http://www.british-history.ac.uk/report.aspx?compid=47454 Date accessed: 20 October 2014.


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Reasons for passing this Act

A Pardon of all Crimes to all Subjects;Pains of Death, &c.; not hereafter excepted before and unto 25th March 1673.

Charles R.
The Kings Majestie most gratiously considering the dutyfull affections and faithfull hearts of his most loyall and obeidient Subjects, and understanding that his good Subjects have many and sundry wayes by the Lawes and Statutes of this Realme fallen into the danger of diverse great Penalties and Forfeitures, and that the Persons and Fortunes of his Subjects doe lye open to manifold inconveniencies and may be questioned for severall matters and things in his Majestyes Courts both Ecclesiasticall and Temporall Is of his Princely and mercyfull Disposition most gratiously inclined to extend unto them his generall and free Pardon, and that in a more bountyfull manner then hath beene accustomed. His Majestie most assuredly trusting That all his Subjects by this his Clemency and indulgent Grace and Favour to them will be the rather moved and induced from henceforth more carefully to observe his Highnesse Lawes and Statutes and to continue in their Loyall and due Obedience to his Majestie. And therefore his Majestie is well pleased and contented That it be enacted by authoritie of this present Parlyament, And bee it enacted by authoritie of the same in manner and forme following. That is to say, That all and every the said Subjects aswell Spirituall as Temporall of this his Highnesse Realme of England, Dominion of Wales and the Towne of Berwicke upon Tweede their Heires, Successors Executors and Administrators of them and every of them and all and singular Bodyes in any manner of wise corporated Cittyes, Burroughes, Shires, Rideings, Hundreds, Lathes, Rapes, Wapentakes, Townes, Villages, Hamblets and Tythings and every of them and the Successor and Successors of every of them shall be by Authority of this present Parlyament acquitted, pardoned, released and discharged against the Kings Majesty his Heires and Successors and every of them of and from all manner of Treasons, Felonies, Mispresions of Treason, Treasonable or Seditious Words or Libells, Misprisions of Felony, Seditious and unlawfull Meetings and Conventicles, and, all Offences whereby any person may be charged with the penalty and danger of Premunire, And all Stampings and Coynings of Farthings, Halfe-pence, Pence, Two-pence, or such like small Moneys to be used in common payments, without any lawfull authoritie derived from his Majestie, and all utterings thereof in ordinary payments, as currant Money, And alsoe of, and from all Ryotts, Routs, Offences, Contempts, Trespasses, Entryes, Wrongs, Deceites, Misdemeanors, Forfeitures, Penaltyes and Summes of Money, paines of Death, paines. Corporall and paines Pecuniary, and generally of and from all other Things, Causes, Quarrells, Suites, Judgements and Executions in this present Act not hereafter excepted nor foreprized, which may be or can be by his. Highnesse in any, wise or by any meanes pardoned, before and unto the five and twentyeth day of March, in the yeare of our Lord One thousand six hundred seaventy three, to any the Subjects or Bodyes Corporate aforesaid.

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 25th March 1673.

Exception.

And alsoe the Kings Majestie is contented that it bee enacted by authoritie of this present Parlyament And bee it enacted by the authoritie of the same That this is free Pardon shall be as good and effectuall in Law to every of his said Subjects Bodyes Corporate and others before rehearsed in, for and against all things which be not hereafter in this present Act excepted and foreprized, as the same Pardon should have beene if all Offences, Contempts, Forfeitures, Causes, Matters, Suites, Quarrells, Judgements, Executions, Penalties and all other things not hereafter in this present Act excepted and foreprized, had beene particularly, singularly, specially and plainly named, rehearsed and specifyed, and alsoe pardoned by proper and expresse words and names in their kinds, natures and qualities by words and termes thereunto requisite to have beene putt in and expressed in this present Act of Free Pardon. And that his said Subjects nor any of them, nor the Heires Executors or Administrators of any of them, nor the said Bodyes Corporate and others before named and rehearsed nor any of them, be or shall be sued, vexed or unquieted in their Bodyes, Goods, Chattells, Lands or Tenements for any manner or Matter, Cause, Contempt, Misdemeanour, Forfeiture, Trespasse, Offence, or any other thing suffered, done or committed or ommitted before the said five and twentyeth day of March against his Majestie, his Crowne, Dignity Prerogative, Lawes or Statutes, but onely for such Matters, Causes and Offences as be rehearsed, mentioned or in some wayes touched in the Exceptions of this present Act to be foreprized and excepted and for none other; Any Statute or Statutes, Lawes, Customes or Usages heretofore had made or used to the contrary in any wise notwithstanding.

III. Grants of all Forfeitures incurred before said 25th March, to the Subject.

Exception.

And the Kings Majestie of his bounteous Liberality by the authoritie of this present Parlyament granteth and freely giveth to every of his Subjects [and to (fn. 1) ] every of the said Bodyes Corporate and others [before (fn. 1) ] rehearsed and every of them all Goods, Chattells, Debts, Fines, Issues, Proffitts Amerciaments, Forfeitures and Summes of Money by any of them forfeited, which to his Majestie doe or shall belong or appertaine by reason of any Offence, Contempt, Trespasse, Entry, Misdemeanour, Matter, Cause or Quarrell suffered, done or committed by them or any of them before the said five and twentyeth day of March which be 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 be of such force and effect as if noe such forfeiture had beene 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 the Kings Subjects, and all and singular Bodies Corporate and others before rehearsed may by him or themselves or by his or their Deputie or Deputyes or by his or their Attourney or Attourneys according to the Lawes of this Realme pleade and minister this present Act of Free Pardon for his or their discharge, of and for any thing that is by vertue 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, Writeing or Entry, but onely sixteene pence to be paid to the Officer or Clerke that shall enter such Plea Matter or Judgement for the partyes discharge in that behalfe, Any Law, Custome or Usage to the contrary notwithstanding.

VI. Pardon to be expounded most beneficially for the Subject.

And furthermore the Kings Majestie is contented and pleased that it be enacted by the authoritie aforesaid That this his said Free Pardon by the generall Words, Clauses and Sentences before rehearsed shall be reputed, deemed, adjudged, expounded, allowed and taken in all manner of Courts of his Highnesse and elsewhere most beneficiall and available to all and singular his said Subjects Bodyes Corporate and others before rehearsed, and to every, of them in all things not in this present Act excepted or foreprized without any ambiguity, question or other delay whatsoever it shall bee to be made, pleaded, objected or alleadged by the Kings Majestie his Heires or Successors or his or any of their Generall Auttourney or Attourneys or by any person or persons for his Majestie or any of his Heires or Successors.

VII. Officer of the Courts making out Process for things pardoned;

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

And bee it further enacted by the authority aforesaid That if any Officer or Clerke of any of his Majestyes Courts commonly called the Chauncery, Kings Bench, Common Pleas or Exchequer, or any other Officer or Clerke of any other of his Majestyes Courts within this Realme at any time after the last day of this present Session Parlyament make out or write out any manner of Writts, Processe, Summons or other Precepts whereby any of the said Subjects or of the Bodyes Corporate or others before rehearsed or any of them shall be in any wise arreasted, attached, distrained, summoned or otherwise vexed inquieted or greived 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 vertue of this Act, or if any Sheriffe or Escheator or any of their Deputy or Deputyes or any Bayliffe or other Officer whatsoever by colour of his or their Officer or otherwise after the said last day of this present Session of Parliament doe leavy, receive, take or withhold of or from any person or persons 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 [and (fn. 2) ] Proofe shall yeild and pay for recompence thereof to the party soe greived or offended thereby his or their treble Dammages besides all Costs of the Suite, and shall alsoe forfeite and loose to the Kings Majestie for every such Offence Ten pounds; And neverthelesse all and singular such Writts, Processe and Precepts soe to be made for or upon any manner of thing pardoned or discharged by this present Act of Free Pardon shall be utterly void and of noe effect.

Exceptions; High Treasons, &c.

Excepted and alwayes foreprized out of this Generall and Free Pardon all and all manner of High Treasons and other Offences committed or done by any person or persons against the Kings Majestyes most Royall Person and all Conspiracies and Confideracies traiterously had committed or done by any person or persons against his Majestyes most Royall Person.

Treasons out of the Realm, &c.

And alsoe excepted all and every manner of Treasons committed or done by any person or persons in the Parts beyond the Seas or in any other Place out of this Realme, and alsoe all Suites, Punishments, Executions Paines of Death, Forfeitures and Penalties for or by reason or occasion of any the Treasons and Offences before excepted.

Forging Great Seal, &c. and diminishing the Coin.; Misprisions of Treason.

And alsoe excepted out of this Free Pardon all Offences in foreging and false counterfeiting the Kings Majestyes Great or Privy Seale, Sigle Manuall or Privy Signet or of any the Moneys currant within this Realme, and alsoe all Offences of unlawfull diminishing any of the said Moneys by any way or meanes whatsoever contrary to the Lawes and Statutes of this Realme, and all Misprisions and Concealments of the Treasons before excepted, and all abetting, aiding, comforting and procureing of the same offences or any of the said Treasons before excepted.

Murders, Petit Treasons, &c.

And alsoe excepted out of this Pardon all manner of voluntary Murders, Petit Treasons and wilfull Poysonings done or committed by any person or persons and all and every the Accessaries to the same Offences or any of them before the said Offences committed.

Piracies, &c.

And alsoe excepted and foreprized out of this Generall Pardon all Piracies and Robberies done upon the Seas, and all and every procureing 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 committed or done in any Dwelling-house or Houses and all Accessaries to any the said Burglaryes before the same Burglary committed.

Buggery.

And alsoe excepted the detestable and abominable Vice of Buggery committed with Mankinde or Beast.

Rapes.

And alsoe excepted all Rapes and Carnall Ravishments of Women.

Taking away Women.

And alsoe excepted all Ravishments and wilfull takeing away or marrying of any Maid, Widdow or Damsell against her will or without the assent or agreement of her Parents or of such as then had her in custodie; and alsoe all offences of aiding, comforting, procuring or abetting any such Ravishment, wilfull takeing. or marrying had, committed or done.

Perjury, Subornation, counterfeiting Deeds, &c.

And alsoe excepted out of this Pardon all Offences of Perjury and the subornation of Witnesses and the offences of forging and counterfeiting any false Deeds Escripts or Writeings, and all offences of forging or 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 and counselling or any such forgeings or counterfeitings had, made, committed or done.

Forfeitures, &c. for which Action has been brought as herein mentioned.

And alsoe excepted all Forfeitures and other Penalties and Proffitts now due accrued and grown, or which, shall or may be due accrew or grow to the Kings Majestie by reason of any Offence, Misdemeanour or Contempt or other act or deed had, suffered, committed or done contrary to any Act, Statute or Statutes or contrary to the Common Lawes of this Realm, and whereof, or for the which any Action, Bill, Plaint or Information at any time within six yeares next before the thirteenth day of February in the yeare of our Lord One thousand six hundred seaventy two have beene commenced or sued in any of his Majestyes Courts at Westminster and was then and there depending and remaining to be prosecuted, or whereupon any Verdict, Judgement or Decree is already given or entred, other then such [Information (fn. 3) ] as shall be then and there depending for stamping and coyning of Farthings, Halfe-pence, Pence, and such small Money as aforesaid, or for uttering the same.

Informations concerning Bridges, &c.

And alsoe excepted out of this Pardon all Informations and other Proceedings depending concerning any common High wayes or Bridges and all Issues returned upon any Processe concerning the same since the five and twentyeth day of March in the yeare of our Lord One thousand six hundred sixty and three.

Embezzling the King's Goods, &c.

And alsoe excepted all Offences in takeing away, imbezilling or purloyning any of the Kings Majestyes Goods, Moneys; Chattells, Jewells, Armour, Munition, Stores, Navall Provisions, Shipping, Ordnance or other Habiliments of Warr;

Breach of Covenant, &c. with the King.

And alsoe excepted all Conditions and Covenants and all Penalties, Titles and Forfeitures of Condition or Conditions, Covenant or Covenants accrued or grown to the Kings Majestie by reason of the Breach and not performing of any Covenant or Condition whatsoever.

Incest; Simony, &c. for which Suit depending the First Day of the Session.

And alsoe excepted all Offences of Incest, Simony or Dilapidations for which any Suite is or was depending upon the first day of this Session or Parliament.

First Fruits, &c.

And alsoe excepted out of this Pardon all First-fruits and Tenths, Pensions, Procurations, Synodalls and other payments out of any Ecclesiasticall Promotion or Benefice.

Concealment of Duties.

And alsoe excepted out of this Free Pardon all and every the Summes of Money and Dutyes following, and the concealements or wrongfull detainments thereof (that is to say) of any Custome or Subsidy, Excise, Hearth-money, Imposition upon Wines or other Liquours, Impositions upon Proceedings at Law, Dutyes ariseing by Wine-Licences or the Post-Office or any other Taxes, Assesment, Duty or Imposition due to the Kings Majestie, or given by any Act of Parliament and all arreares thereof, and all Forfeitures ariseing thereby, or for the Non-payment thereof and all Corruptions and Misdemeanours of any Officer or Minister of, in, or concerning the same, and all Accounts and Suites whatsoever to be had, made or prosecuted for the same, and all Concealments, Fraudes and Offences, by which his Majestie hath beene deceived, and not truely answered of or for the same.

Debts, &c. excepted by 12 C.II. c. 11.

And alsoe excepted out of this Pardon all Debts, Dutyes, Summes of Money, Accounts, Obligations, Recognizances and other Securityes which by a former Act, entituled, An Act of Free and Generall Pardon, Indemnity and Oblivion doe therein stand excepted, and are not yet answered and paid or otherwise discharged.

Taking away Goods, Rents, &c. forfeited to the King. Rents, &c. of Traitors, &c.; Rents, &c. of Temporalties in the King's Hands.; Arrearages due from Faumers of the Revenue

And alsoe excepted all and every manner of takeing from the Kings Majestie any Goods or Chattells forfeited unto him by reason of any Treason, Petit Treason, Murder or Felony heretofore committed or done. And alsoe all and every manner of takeing from the Kings Majestie the Issue, Rents, Revenues or Proffitts or any Mannours, Lands Tenements or Hereditaments which were of any Traitor, Murderer, Felon, Clerke or Clerks attainted or any of them. And alsoe all and every manner of takeing from the Kings Majestie the Issues, Rents, Revenues and Proffitts of any Mannours, Lands, Tenements or Hereditaments, parcell of the Possessions of any Bishoprick, the Temporalaties whereof upon the said five and twentyeth day of March in the yeare of our Lord One thousand six hundred sixty three, or at any time since were or of right ought to have beene in his Majestyes 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 his Majesties Revenue ariseing by Customes, Excise or Hearth-Money or Impositions upon Proceedings at Law, and all Arrearages of Fee-farme Rents or other Rents due to his Majestie.

Accounts of Collectors, &c.

And alsoe excepted all and singular Accompts of all and every Collector and Collectors, Commissioners Treasurers or Receivers who have received or collected any [Subsody, (fn. 4) ] Custome, Subsidy of Tonnage or Poundage, additionall Duty, Prize-goods or other things grown due or happening since the said five and twentyth day of March in the yeare of our Lord one thousand six hundred sixtie and three, and all Accompts of every other person whatsoever that ought to be accomptant to the Kings Majestie for or in respect of any Receipt or other charge which hath growne since the said five and twentyeth day of March, and the Heires, Executors, Administrators and Sureties of every such person that ought to accompt for all things touching onely the same accompts, And all and singular arrearages of accompts and untrue accompts made or rendred since the said five and twentyeth day of March, and all Impetitions, Charges, Seizures, Suites, Demands and Executions which may or can be had of or for any such accompt or accompts or any arrearages of the same.

Recognizances of Receivers, &c.

And alsoe except all Recognizances Obligations and other Securities given or enterd into by any Receiver, Reeve, Bayliffe, Collector or other Accomptant in the Court of Exchequer and their Sureties and their Accompts respectively and all other Recognizances and Obligations whatsoever conditioned for the payment of Money.

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

Provided alwayes and bee it enacted That this Act shall not extend or be 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 Penaltie whereof the Farmers of his Majestyes Customes or, Excise or the Farmers of any other part of his Majestyes Revenue ought to receive any benefitt or advantage, nor to pardon or discharge any Debt due by Recognizance, Obligation or other Specialty to any other person or persons indebted to his Majestie, and which hath beene duely seized in aid of his Majesties Debt, nor to pardon or discharge any debt due by Recognizance, Obligation, Condemnation or otherwise whereupon any Enstalment or Seizure hath beene at any time heretofore made, upon which Enstalment or Seizure any thing is, or at any time since the said five and twentyeth day of March hath beene answered and paid to his Majestyes Use, nor to pardon or discharge any Penalties, Forfeitures or Summes of Money due or accrued to his Majestie by reason of any Act, Statute or Statutes; which Forfeitures Penaltyes and Summes of Money since the said five and twentyeth day of March be converted into the nature of debt by any Judgement, Order Decree or by the Agreement or the offender or offenders; or [have (fn. 5) ] beene estalled or any Seizure made for the same, and upon such Seizure or Estalment any thing answered or paid to his Majestyes Use Since the said five and twentyeth day of March in the yeare of our Lord one thousand six hundred sixty and three.

IX. Proviso for Recognizances for Appearance, &c. forfeited, since 25th March.

Neverthelesse it is hereby declared That all Obligations and Recognizances forfeited since the said five and twentyeth day of March for Non-appearance in any Court or other place whatsoever, or for not keeping the Peace, or not being of the Good behaviour shall be clearely pardoned and discharged.

Further Exception. Issues, &c. lost

And alsoe excepted out of this Pardon all Issue Fines and Amerciaments lost, imposed or assessed since the said five and twentyeth day of March one thousand six hundred sixty and three being totted, leavyed or received by any Sheriffe, Under Sheriffe, Bayliffe, Minister or other Officer to or for the Kings Majesties use or behoofe before the last day of this present Session of Parlyament.

And alsoe excepted all Issues Fines and Amerciaments lost, imposed or assessed since the said five and twentyth 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 summe 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 perticularly in any Court of Record at Westminster at any time within the space of one whole yeare before the first day of this present Session of Parlyment.

X. Proviso for other Fines and Issues.

And yet neverthelesse all other Fines, as well Fines pro Licentia concordandi as other sett, taxed, estreated or entred before that time, and alsoe all Issues and Amerciaments aswell reall as others within any Liberties or without being sett, taxed, estreated or entred before the time aforesaid, and which severally and perticularly extend to or under the Summe of six pounds and not above, whether they be estreated or not estreated, or whether they be turned into debt or not turned into debt, and not being totted leavyed or received by any Sheriffe Under-Sheriffe Minister or other Officer to or for the Kings Majestyes use or behoofe before the first day of this present Session of Parlyament shall be freely, clearely and plainely pardoned and discharged against the Kings Majestie his Heires and Successors by force of this present Act.

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

Sheriffs and other Accountants may petition for Allowance of Fines, &c. without Fee.

And yet neverthelesse all Estreats of such Fines, Issues and Amerciaments as be now pardoned by this Act and which be already estreated forth of the Court of Exchequer, and be remaining in the hands of the Sheriffe, Under Sheriffe, or Bayliffe for collecting of the same Fines, Issues and Amerciaments shall upon the Returne of the same Estreats be duely and orderly charged and delivered by Scrowes into the Office of the Pipe in the Court of [the (fn. 6) ] Exchequer as heretofore hath beene accustomed, to the intent that thereupon order may be taken that his Majestie may be truely answered all such Fines, Issues and Amerciaments not by this Act pardoned and which any Sheriffe, Under Sheriffe, Bayliffe or other Officer or Minister hath received or ought to answere by force or colour of any such Estreate, Processe or Precept to him or them made for the leavying thereof. And yet that notwithstanding all and every Sheriffe and Sheriffes and other Accomptant upon his or their Petition, or Petitions to be made for the allowance of any such Fines Issues and Amerciaments as by this Act are pardoned shall have all and every [such (fn. 7) ] his and their Petition allowed in his and their Accompt and Accompts without paying any Fee or Reward to any Officer Clerke or other Minister for the makeing, entering or allowing of any such Petition or Petitions Any Usage or Custome to the contrary hereof in any wise notwithstanding.

XII. 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, &c.

This Act not to heal Disabilities.

Provided alwayes, 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 said former Act of Free and Generall Pardon, Indempnity and Oblivion for their execrable Treason and horrid Murther of his Majestyes Royall Father of glorious memory, nor to those two persons or either of them who being disguised by Frocks and Vizors appeared upon the Scaffold at the time when the said Murder was committed, Nor shall this present Act give or restore any abilitie or capacitie to take any Office or imployment to such person or persons who in and by the said former Act are made incapeable to beare any Office Ecclesiasticall, Civill or Military within this Realme of England or Dominion of Wales, or of serveing as a Member in Parlyament, But all and every such person and persons shall remaine and continue under all and every the Disabilityes and Incapacityes by the said former Act imposed, 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 or persons who if they shall after the first day of September one thousand six hundred and sixty accept or exercise any Office Ecclesiasticall, Civill or Military or any other publique imployment within England, Wales or the Towne of Berwicke upon Tweede are by the said former Act to stand and be as if he or they had beene totally by name excepted out of the said former Act, but all and every such persons shall if they accept any Office or imployment contrary to the tenour of the said former Act be out of this Act wholly excepted and foreprized.

XIII. Persons disabled from bearing Offices liable to be Sheriffs.

Provided alwayes and bee it enacted That notwithstanding the said Disability by this or the said former Act, any of the said persons soe disabled by either of the said Acts shall and may bee lyable and chargeable with the Office of Sheriffe of any County in case it shall be his Majestyes pleasure to impose the same.

Persons attainted of Rebellion, &c.

And alsoe excepted out of this Pardon all such persons as be and remaine still attainted or condemned by Act of Parlyament, or otherwise of or for any Rebellion or leavying of Warr [or of or for any Conspiricy of any Rebellion or leavying of Warr (fn. 7) ] within this Realme or any other his Majestyes Dominions, and all such persons who are attainted or outlawed of, or for any other Treason, Petit Treason, Murder, wilfull poysoning or Burglary and all Executions therefore.

Persons exiled, &c.

And alsoe excepted out of this Pardon all such persons who by vertue of any former Act of this present Parlyament are by expresse name exiled or made lyable to any other paines, penaltyes or disabilities whatsoever.

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 be transported into any of his Majestyes Forreigne Plantations.

Persons formerly excepted out of 12 Car. II. c. 11. and punished by any subsequent Act.

And alsoe excepted all such persons, who being excepted out of the said former Act of Generall Pardon, Indempnity and Oblivion have had any paines or penalties imposed upon them by any subsequent Act of Parlyament.

Persons imprisoned by Command of His Majesty or Privy Council.

And alsoe except out ( (fn. 8) ) of this Pardon all such persons who upon the first day of this present Session of Parlyament were in prison within the Tower of London or within the prison of the Marshalsea, or in the prison of the Fleete or in the prison of the Gatehouse, or elsewhere in any part of his Majesties Dominions, or otherwise restrained of Liberty by expresse Commandment or Direction of his Majesty or any of his Majestyes Privy Councill.

XIV. Capias Utlagatum to be sued out at the Suit of the Plaintiff.

The Defendant to sue out a Scire facias to have his Pardon allowed.

Provided alwayes and bee it enacted by the authoritie aforesaid That it shall and may be lawfull to and for all and every Clerke and all other Officers of the Kings Courts to award and make Writts of Capias utlagatum at the Suite of the party Plaintiffe against such Persons outlawed as be pardoned by this Act to the intent to compell the Defendant or Defendants to make answere to the Plaintiffe or Plaintiffes at whose Suite he or they were outlawed; and that every person soe outlawed shall sue a Writt of Scire facias against the party or partyes at whose Suite he or they were outlawed, before this Pardon in that behalfe shall be allowed to him or them that were soe outlawed.

XV. Proviso respecting Outlawries upon Cap. ad sat.

Provided alsoe and bee it enacted by the authoritie aforesaid That this Act of Generall Pardon shall not in any wise extend to any person outlawed upon any Writt of Capias ad satisfaciendum, untill such time as the party soe outlawed shall satisfie or otherwise agree with the partie at whose Suite he was soe outlawed or condemned.

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

And it is further enacted by the authoritie aforesaid That every person or persons hereby pardoned may pleade the Generall Issue without speciall 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 beene fully and well pleaded, and in such manner as any Justice, of Peace, Constable or other Officer questioned for matters acted by them as Officers may have advantage of the matter of their Justification upon the Generall Issue by them pleaded by the Lawes and Statutes of this Realme.

XVII. Good as well against the King's Grantee as against the King.

And bee it further enacted by the authoritie aforesaid That this present Pardon shall be of as good force and effect to pardon and discharge all and singular the Premisses above-mentioned and intended to be pardoned and discharged as well against such person or persons Bodyes Pollitique and Corporate as doe or shall claime the same by or under any Letters Patents Lease or Grant made by the Kings Majestie or any his Predecessors as against the Kings Majestie himselfe.

Footnotes

1 interlined on the Roll.
2 or O.
3 Informations O.
4 Subsidy O.
5 interlined on the Roll.
6 O. omits.
7 interlined on the Roll.
8 out O.