February, 1649
[17 February, 1648/9.]
Alteration of forms in indictments, presentments, etc.
For the better settlement of proceedings in Courts of Justice,
according to the present Government of England, Be it Enacted
by the authority of this present Parliament, in manner and form
following; viz: in all Presentments and Indictments, instead of
these words, Jurator' pro Dom' Rege dicunt or presentant, These
words shall be used, Jurator' pro Custod' Libertat' Angl' authoritate Parliamenti dicunt or presentant; And in all Captions of
Indictments, Presentments and Inquisitions, instead of the Kings
Name, the Name of the Keepers of the Liberty of England by
authority of Parliament, shall be put in; And in all Indictments
and Presentments taken at any Sessions of the Peace, instead of the
Sessions of the Peace of the King, it shall be The Sessions of the
Publique Peace; And in Indictments and Presentments, and in
Inquisitions, in stead of these words, In pace Dei & Dicti Dom'
Regis adtunc existen', these words shall be inserted, In pace Dei &
in pace Publica adtunc existen'; and instead of these words, Contra
pacem dicti Dom' Regis Coronam & Dignitat' suas, these words
shall be used, Contra pacem Publicam; And in all Indictments
and Presentments, where mention is to be made of Highways, the
same shall be called Common Highways, and not the Kings Highways; and these words, Dicti Dom' Regis, or Regni or Regni sui
or Hujus Regni, or Regnum in any case; and these words, Debitam
Ligeanc' suam erga Dom Regem parvi pend'; and these words,
Contra debitam ligeanc' suam & in Reg' Majestat' dicti Dom' Regis
nunc defam' & derogat' shall be wholly left out of all Indictments,
Presentments and Inquisitions.
In indictments for counterfeiting coin.
And whereas in Indictments of Treason for counterfeiting,
clipping, washing or impairing of money or coyn, these words are
to be inserted, viz:Machinans & intenden' dictum Dom' Regem
& Populum suum callidè falsò, Felon' & proditor' decipere, &c
nstead thereof these words shall be inserted, viz. Machinans &
intenden' Populum Angl' callide falsò & proditor' decipere, &c.
And whereas in such Indictments these words have used also to
be inserted, viz. Diversis dicti Dom' Regis Ligeis & subdit' fals,
Felon', & proditor' exposuit, instead thereof these words shall be
inserted, viz: Diversis probis personis Angl' falsò, Felon' &
proditor' exposuit.
In indictments for uttering.
And whereas in Indictments for misprision of Treason for uttering
of false coyn, these words have used to be inserted, viz. Legal
Monet' & cun' dicti Dom' Regis hujus Regni Angl, instead thereof,
these words shall be inserted, viz. Legal' Monet' & cun' Angl'.
And whereas in such Indictments these words have used
also to be inserted, viz. Diversis Ligeis dicti Dom' Regis subditis
pro vera legitima & curren' Moneta & cun' hujus Regn' Angl'
falsò, voluntar' & scienter exposuit & in solutione utteravit
in magnum dicti Dom' Regis & Populi sui decept', an contra debit'
ligeanc', instead thereof these words following shall be inserted,
viz. Diversis probis personis Angl' pro vera, legitima & curren'
Moneta & cun' Angl' falsò, voluntar' & scienter exposuit & in
solutione utteravit in magnum Populi Angl' decept': All which
Indictments, Presentments, Inquisitions and Captions made with
such alterations, additions or omissions as aforesaid, or with other
omissions, additions or alterations as shall be proper and necessary
for making good of Indictments, Presentments and Inquisitions,
and supplying the sence and meaning thereof, according to the
present Government of England, shall stand good and effectual in
Law, Any Law, Custom or Usage to the contrary in any wise notwithstanding. And be it further Enacted by the authority aforesaid, That the alterations, additions and omissions before in this Act
mentioned, shall extend aswel to Appeals, as to Indictments, Presentments and Inquisitions, as the case shall require.
On indictments, etc. issues to be joined on behalf of the Keepers of the Liberty of England by authority of Parliament.; Saving for pending proceedings
And whereas upon all Indictments, Presentments and Inquisitions for Treasons, Felonies, Misprisions, and other Trespasses,
Offences and Misdemeanors whatsoever, the Clerks of the several
Courts where such indictments, Presentments or inquisitions are
and have been proceeded upon, have time out of minde, until the
death of the late King Charles, used to plead and joyn issue with such
person and persons as have been so indicted, presented or found by
inquisition, for and on behalf of the King, as his Attorneys, Be it
therefore Enacted by the authority of this present Parliament,
That from henceforth upon Indictments, Presentments and inquisitions, for any of the Offences aforesaid, or any other Offence
whatsoever, the pleadings therein, and the issues shall and may be
joyned with such person and persons by the Clerks of the several
Courts where such indictments, Presentments or inquisitions shall
be proceeded upon for and on behalf of the Keepers of the Liberty
of England by Authority of Parliament, in such sort, maner and
form as they might have done before the Death of the said late
King, for and on the behalf of any King of England, Any Law,
Custom, Usage or other thing to the contrary in any wise notwithstanding. And be it further Enacted by the Authority aforesaid,
That all indictments, presentments and inquisitions taken by
Coroners, and all Actions, informations and suits, for and on behalf
of the said late King, or for and on the behalf of the said late King
and some Informer, depending or being in any Courts of Justice
at the time of the death of the said late King, shall not be in anywise
discontinued or put without day by the Death of the said late King,
but that the process, pleas, demurrers, issues and continuances in
every of the said indictments, presentments, inquisitions, actions,
informations and suits, shall stand good and effectual, and be continued, prosecuted and sued forth, in such maner and form, and
in the same estate, condition and order as the same were at the time
of the Death of the said late King: And that all, and all manner of
judicial process that shall be had or pursued since the Death of the
said late King, upon the said indictments, presentments, inquisitions,
actions, informations or suits or upon the pleas, demurrers or issues
and all proceedings thereupon, shall be had, made and prosecuted
in the name of The Keepers of the Liberty of England, by Authority
of Parliament, or aswel by them as by the Informer; and that
variance touching the same process and proceedings between the
Name of the said late King, and the said Keepers, &c. shall not be
in any wise material, as concerning any default to be alleaged or
objected therefore.
Actions, oaths, etc., to be in the name of the Keepers of the Liberty of England instead of the King.
And be it further Enacted, That all Indictments, presentments or inquisitions, actions, informations or suits, for
any Offences committed or done in the life-time of the said late
King, or for any Debt due to him, or cause of Action or Suit by
him, and were to be had, made, done or prosecuted in the name
of the said late King, or in the name of the said late King and an
Informer, The same shall be had, made, done and prosecuted in the
name and on behalf of the said Keepers of the Liberty of England
by Authority of Parliament, or in their Name, and the name of
some Informer, as the case shall require in such sort, as where such
Offences are committed, or where such cause of Action was in one
Kings time, and the Indictments, presentments, inquisitions,
actions, informations and suits were to be had, made, done in
another Kings time, saving that the Name of the said Keepers,
&c. shall be named in the stead and place of the succeeding King.
And be it further Enacted by the Authority aforesaid, That all
indictments, presentments, inquisitions, actions, informations or
suits for any Offences had, made or done since the death of the said
late King, or for any Debt, Duty or Matter growing due, or cause of
action arising since that time, shall be had, made, done and prosecuted in the Name and for the behalf of the said Keepers, or in the
Name of them and the informer, as the case shall require.
And be it further Enacted by the Authority aforesaid, That in
all Oathes to be given to any Grand-Jury, or Petit-Jury, or to any
Witnesses to give Evidence to any such Juries, and in all oathes
wherein the King's Name was wont to be used, the same shall be
given in the Name of the Keepers of the Liberty of England by
Authority of Parliament, instead of the Name of the King, Any
Law, Custom, or Usage to the contrary in any wise notwithstanding