February 1649

Commons Journal

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February 1649
An Act for better settling of Proceedings in Courts of Justice According to the present Government.

Sponsor

History of Parliament Trust

Publication

Author

C.H. Firth, R.S. Rait (eds)

Year published

1911

Supporting documents

Pages

6-9

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'February 1649: An Act for better settling of Proceedings in Courts of Justice According to the present Government.', Acts and Ordinances of the Interregnum, 1642-1660 (1911), pp. 6-9. URL: http://www.british-history.ac.uk/report.aspx?compid=56313 Date accessed: 20 April 2014. Add to my bookshelf


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Contents

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