Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
This free content was digitised by double rekeying. All rights reserved.
The Causes and Ends of this Pardon and Indemnity.
THE Kings most Excellent Majesty taking into His Gratious and Serious consideration the long and great Troubles Discords and Warrs that have for many Yeares past beene in this Kingdome, And that diverse of His Subjects are by occasion thereof and otherwise falne into, and be obnoxious to great paines and penaltyes, Out of a hearty and pious Desire to put an end to all Suites and Controversies that by occasion of the late Distractions have arisen and may arise betweene all His Subjects, And to the intent that noe Crime whatsoever committed against His Majesty or His Royall Father shall hereafter rise in Judgement or be brought in Question against any of them to the least endamagement of them either in their Lives Libertyes Estates or to the prejudice of their Reputations by any Reproach or Terme of Distinction, And to bury all Seeds of future Discords and remembrance of the former as well in His owne Breast as in the Breasts of His Subjects one towards another, And in performance of His Royall and Gratious Word signified by His Letters to the severall Houses of Parliament now assembled, and His Declarations in that behalfe published Is pleased that it may be Enacted, And be it Enacted by the Kings most Excellent Majesty with the advice and consent of the Lords and Commons in this present Parliament assembled First That all and all manner of Treasons, Misprisions of Treason, Murthers Felonies Offences Crimes Contempts and Misdemeanors Counceled Commanded Acted or done since the first day of January in the yeare of our Lord One thousand six hundred thirty seaven by any person or persons before the [twenty fourth (fn. 1)] day of June in the yeare of our Lord One thousand six hundred and sixty other then the persons hereafter by name excepted, in such manner as they are hereafter excepted by vertue or colour of any Command Power Authoritie Commission Warrant or Instructions from his late Majesty King Charles or his Majesty that now is, or from any other person or persons deriving or pretending to derive authority mediately or immediately from both or either of their Majestyes, or by vertue or colour of any Authority derived [mediately or immediately (fn. 2)] of or from both Houses or either House of Parliament or of or from any Convention or Assembly called or reputed, or taking on them the name of a Parliament, Or by from or under any Authority stiled or knowne by the Name of The Keepers of the Liberty of England by Authority of Parliament, Or by vertue or colour of any Writ, Commission Letters Patents Instruction or Instructions of or from any person or persons Tituled reputed or taken to be Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions therunto belonging, or Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories therto belonging, or assumeing the authority or reputed to be Cheife Magistrate of the Commonwealth, or Commander in cheife of the Forces or Armies of this Nation by Sea or Land or by any pretence Warrant or Command whatsoever from them, or any of them, or their or either of their respective Councills or Councill, or any Member of such Councill or Councills, or from any person or persons whatsoever deriving or pretending to derive Authority from them or any of them be Pardoned Released Indempnified Discharged and put in utter Oblivion.
II. Abettors of such Treasons and other Crimes pardoned,
And that all and every the person and persons Acting Advising Assisting Abetting and Counceling the same they their Heires Executers and Administrators (except as before is excepted) be and are hereby pardoned Released Acquitted Indempnified and discharged from the same, And of and from all paines of death and other paines, Judgements Indictments Convictions Attainders Outlawries Penaltyes Escheats and Forfeitures therefore had or given or that might accrew for the same, And that all such Judgements Indictments Convictions Attainders Outlawries Penaltyes Escheats and Forfeitures and every of them, and all Grants therupon made, and all Estates derived under the same be and are hereby Declared and Enacted to be from henceforth null and void, And that all measne proffits not yet received by such Grantees shall be and are here hereby discharged: And that all and every Person and Persons Bodyes Politique and Corporate their and every of their Heires Executors Administrators and Successors shall be, and are hereby restored to all [& every (fn. 3)] their Lands Tenements and Hereditaments Goods Chattels and other things forfeited, which to his Majesty doe or shall appertaine by reason of any offence herein before mentioned, and not hereafter in this present Act excepted and Foreprised,
III. All Appeals, Personal Actions, and Suits, &c. by reason of any Trespass, &c. pardoned.
And be it further Enacted That all appeales [and all (fn. 3)] personall Actions Suites Molestations and Prosecutions whatsoever for or by reason of any Act. of Hostility Trespasse Assault Imprisonment or breach of the Peace Advised Councelled Commanded Appointed Happened Acted or done by reason of the late Troubles or the late Warrs in his Majestyes Dominions or relating therunto, and all Judgements and Executions therupon had before the first day of May in the yeare of our Lord One thousand six hundred fifty & eight stand and be from henceforth discharged; But not to restore to any Person or Persons any summes of money, meane Proffitts or Goods already received or taken upon such Execution, or to give any [accompt (fn. 4)] for the same.
VI. The like by reason of any Commission by the late or present King, or by Colour of any Ordinance of one or both Houses of Parliament, or the late Protector, &c.
And be it likewise Enacted That all Appeales and all Personall Actions and cause of such Actions Suites Molestations and Prosecutions whatsoever for or by reason of any Act or thing Advised Counceled Commanded Acted or done by vertue or colour of any Authority or Commission granted by his late Majesty or his Majestie that now is, or by vertue or colour of any Order or Ordinance of one or both Houses of Parliament siting at Westminster, Or by any Act or Order made by any Persons assumeing the name of a Parliament, and siting as a Parliament at Westminster after the death of the late King Charles the First, Or by the Authority of the said Keepers of the Libertyes of England, Or by any Ordinance of either of the late Protectors and Councill, Or by or upon any Commission Writt Processe or Warrant by them or any of them, or by Authority derived from them or any of them, And all demands of Arrearages of Rents and meane Profits of Lands Tenements or Hereditaments heretofore incurred or growne due, which have beene paid received or disposed by vertue or colour of any the Authorities or pretended Authorityes aforesaid, other then such Arrearages or meane profits as are or shall be otherwise disposed by any Act or Acts of this present Session of Parliament be from henceforth discharged.
And it is further by the Authority aforesaid Enacted in the second place That all and every the Subjects of these his Majestyes Realmes of England and Ireland the Dominion of Wales the Isles of Jersey and Garnsey and the Towne of Berwicke upon Tweed and other his Majestyes Dominions the Heires Executors and Administrators of them and every of them, and all and singular Bodyes in any manner of wise corporated Citties Burroughs Shires Ridings Hundreds Lathes Rapes Wappentakes Townes Villages Hamlets and Tythings and every of them and the [Successors and Successor (fn. 5)] of every of them shall be and are by the authority of this present Parliament Acquitted Pardoned Released Indempnified and Discharged against the Kings Majestie his Heires and Successors and every of them of and from all manner of Treasons Misprisions of Treason, Felonies [Offences (fn. 3)] Contempts Trespasses Entryes Wrongs Deceits Misdemeanours Forfeitures Penaltyes and summs of Money Intrusions Meane profits Wardships Mariages Reliefes Liveries Ouster le maines Meane Rates Respits of Homage Fines and Seisures for Alienation without Licence Arrearages of Rents (other then the Arrearages of Rents due from the late Farmers or pretended Farmers of the Excise or Customes respectively, and other then such Arrearages of Rents or meane Proffits as are or shall be otherwise disposed by any Act or Acts of this present Parliament) and of and from all Arrearages of Tenths and First fruites Fines post-fines Issues and Amercements and all Recognizances Bonds or other Securities given for payment of them or any of them, Concealments of Customes and Excise Arrearages of purveyance and of compositions for the same and of and from all paines of Death paines corporall and pecuniary and generally of and from all other Things Causes Quarels Suites Judgements and Executions in this present Act hereafter not Excepted nor Foreprised which may be or can be by his Majesty in any wise or by any meanes pardoned before and unto the [twenty fourth (fn. 6)] day of June in the yeare of our Lord One thousand six hundred and sixty to every or any of his said Subjects Bodyes corporate Cittyes Burroughes Shires Ridings Hundreds Lathes Rapes Wapentakes Townes Villages and Tythings or any of them,
VI. Grants of Wardships since 25th March 1641 discharged.
And bee it further Enacted by the Authority aforesaid That all Grants and Patents since the [twenty fifth (fn. 7)] of March One thousand six hundred forty one touching the Wardship and custody of the Body and Lands, or touching the mariage of any Heire within age and all meane profits yet unreceived and demandable by reason therof shall be and are hereby from henceforth Discharged.
VII. All things not excepted shall be pardoned by
And alsoe the Kings Majesty is contented That it be further Enacted by authority of this present Parliament And be it Enacted by the authority aforesaid that this His said Free pardon Indempnity and Oblivion shall be as good and effectuall in the 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 Indempnity and Oblivion should have beene if all Offences Contempts Forfeitures Causes Matters Suites Quarrels Judgements Executions Penaltyes and all other things not hereafter in this present Act Excepted and Foreprized had beene perticularly singularly especially and plainely named rehearsed and specified and alsoe pardoned by proper and expresse Words and Names in their Kindes Natures and Qualityes by Words and Termes thereunto requisite to have beene putt in and expressed in this present Act of free Pardon Indempnity and Oblivion, 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 nor shall be sued Vexed [nor (fn. 8)] Inquieted by or on the behalfe of the Kings Majesty His Heires or Successors in their Bodyes Goods Chattels Lands or Tenements for any manner of Matter Cause Contempt Misdemeanour Forfeiture Trespasse Offence or any other thing suffered done or committed before the said [twenty fourth (fn. 9)] day of June One thousand six hundred and sixty against his late Majesty King Charles, or his Majesty that now is His Crowne Dignity Prerogative Lawes or Statutes, but onely for such Matters Causes and Offences as be Excepted and Foreprized by this present Act out of the same Any Statute or Statutes Laws Customes or Usages heretofore had made or used to the contrary in any wise notwithstanding, And that all and every the Kings said Subjects, and all and singular Bodyes Corporate and others before rehearsed may by him or themselves or by his or their Deputy or Deputyes or by his or their Attourney or Attourneys according to the Lawes 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 vertue of this present Act Pardoned Discharged Given or Granted without any Fee, or other thing paying to any person or persons for writing or entry of the Judgements or other cause concerning such Plea Writing or Entry, but onely sixteene pence to be paid to the Officer or Clarke that shall enter such Plea Matter or Judgement for the Partyes Discharge in that behalfe Any Law Statute Usage or Custome to the contrary notwithstanding.
VIII. This Pardon, &c. to be expounded in all Courts most beneficially for the Subject.
And furthermore the Kings Majestye is contented and pleased that it be Enacted And be it enacted by the Authority aforesaid That this his said Free Pardon Indempnity and Oblivion 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 the 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 be, to be made pleaded objected or alleadged by the King our Soveraigne Lord his Heires or Successors or by his or any of their generall Attourney or Attourneys or by any person or persons for his Highnes or any of His Heires or Successors.
IX. Officer, &c. of the Court of Chancery, &c. Sheriff, &c. issuing Process against or going about to disquiet or trouble any Person pardoned;
And furthermore be it Enacted by the King our Soveraigne Lord and by the Authority aforesaid That if any Officer or Clerke of any of his Highnes Courts commonly called The Chauncery Kings bench and Common pleas or of his Exchequer or any other Officer or Clerke of any other of his Highnesse Courts within this Realme at any time after the passing of this present Act make out or write out any manner of Writts Processe Summons or other Precepts whereby any of the said Subjects or any of the said Bodyes corporated or others before rehearsed or any of them shall be in any wise arreasted attached distrained summoned or otherwise vexed inquieted or grieved in his or their Bodyes, Lands Tenements Goods or Chattels or in any of them for or because of any manner of thing pardoned or discharged by vertue of this Act of Free Pardon, Or if any Sheriffe or Escheater or any of their Deputy or Deputyes, or any Bailiffe or other Officer whatsoever by colour of his or their Office or otherwise after the passing of this [present (fn. 10)] Act doe levy 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 therof lawfully convicted or condemned by any sufficient testimony witnesse or proofe, shall yeild and pay for recompence therof to the party soe grieved or offended thereby his or their treble dammages besides all costs of the Suite, and shall alsoe forfeit and loose to the Kings Majesty for every such default 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 Indempnity and Oblivion shall be utterly void and of none effect.
X. Exceptions of Murder not comprized in the First Clause.; Piracy.
Except and alwayes foreprized out of this Free and Generall Pardon all murders done or committed by any person or persons other then such which are pardoned and discharged in the first clause of pardon abovementioned, And alsoe excepted and alwayes foreprized out of this Generall and Free Pardon all and every offences of Piracy and Robery done upon the Seas not done in relation to the Differences and Warrs aforesaid, and every procureing or abetting of any such Offenders, and the comforting and receiving of them or any of them or any goods taken by way of such Piracy or Robery upon the Seas as aforesaid, And alsoe excepted the detestable and abominable Vice of Buggery commited with Mankind or Beast, And alsoe excepted all Rapes and carnall Ravishments of Women, And alsoe excepted all Ravishments, and wilfull taking away or marrying of any Maid Widow or Damzell against her will, or without the assent or agreement of her Parents or of such as then had her in custody, and alsoe all Offences of aiding comforting procureing or abeting of any such Ravishment willfull takeing or marrying had committed or done, And alsoe excepted all Offences made Felony by a certaine Act made and ordained intituled An Act to restraine all persons from [Mariages (fn. 11)] untill their former Wives and former Husbands be dead. And alsoe excepted all Offences of Invocations Conjurations Witchcrafts Sorceries Inchantments and Charmes and all Offences of procuring abeting or comforting of the same, and all persons now attainted or convicted of any the said excepted Offences, And alsoe excepted all and singular the accompts of all and every person and persons appointed by any of the Authorityes or pretended Authorityes aforesaid to be Treasurer Receiver Farmer or Collector (other then the Subcollectors of the severall Parishes Townes and Hamlets respectively for and concerning their Receipts before the foure and twentyeth day of June in the yeare of our Lord one thousand six hundred fifty nine) who have received or collected any Subsidy Custome Subsidy of Tonnage and Poundage Prize-Goods Assesment Sequestration New Impost or Excise or of any the Rents and Revenewes of any Lands or Hereditaments of or belonging to the late King Queene or Prince or King that now is, or belonging [to (fn. 12)] the late Archbishopricks Bishopricks Deanes or Deanes and Chapters Canons Prebends and other Officers belonging to any Cathedrall or Collegiate Church, or Popish Recusants convict or of persons Sequestred for their Recusancy or other Sequestred Estates received or collected by or paid unto them since the thirtyeth of January in the yeare of our Lord one thousand six hundred forty two, and of all Moneyes and other dutyes growne due or contracted upon the Sale or Disposition of them or any of them.
XI. The Heirs and Lands of Accountants excepted.
Provided that the Heires Executors Administrators or Tertennants of the Lands of any Accomptant within this Exception now deceised shall not be charged with nor lyeable unto any accompt for the matters in this Exception mentioned, Except for such summe or summes of money as remaine due upon any of their accompts already Stated and Determined and are not yet paid in, and that noe Accomptant as aforesaid now liveing shall be lyeable to make accompt of any summe or summes of money paid or disbursed or otherwise allowed or discharged by vertue or colour of any Order or Ordinance of both or either House or Houses of Parliament, or any Convention or Assembly called or Reputed or takeing on them the name of a Parliament, or of Oliver Cromwell pretended Protector or of Richard his Sonne while he continued or was stiled or obeyed as Protector, or by any persons acting as a Committee appointed by the said two Houses or either of them, or by any such Convention or Assembly or any Order or Direction of such Committee or Committees or any person or persons acting as a publique Councell, though haveing noe legall authority soe to doe, or by their or any their Order or Orders or Direction.
XII. Fees and Salaries, &c. not to be accounted for.
It being further declared and Enacted, and is Enacted by the Authority aforesaid That noe person nor persons shall be charged for any Moneyes by him received for the Fees Salaries and Wages then allowed, or for Moneyes by him disbursed upon any publique use or pretence though the Direction or Authority whereby the same Money was issued was not or be not Legall and Warrantable in Law.
XIII. Military or Naval Payments not to be accounted for.
And be it further provided That noe Military or Commissioned Officer of the Armies or Navies or Souldier or Mariner who before the twenty fifth of March one thousand six hundred fifty nine hath received any Moneyes for his owne pay or the pay of other Soldiers, or for any other Contingencies of the Soldiers or Garisons under his command, or by way of reward shall be called to accompt therefore.
XIV. No Persons to be called to an account for Matter mentioned in this Exception after the 24th June 1662.
And that noe person whatsoever shall be called to [an (fn. 13)] accompt for any the matters in this Exception mentioned after the fower and twentyeth day of June which shall be in the yeare of our Lord God one thousand six hundred sixty and two now next ensueing, And that in case any person who stands accomptable for any Moneyes received since the first of January One thousand six hundred forty( (fn. 14)) two, and before the thirtyeth of January One thousand six hundred forty( (fn. 14)) eight have beene robbed or plundered by Souldiers or others of the moneyes in their hands, or of any Notes, or Bookes of Receipts or Acquittances touching their payments or discharge, then the Oath or Oathes of such party or partyes of the same respectively shall be a good discharge for soe much of their accompt, And that the Oath of every Accomptant in or betweene the yeares One thousand six hundred forty two and One thousand six hundred forty eight of what they have paid to any publique use by or according to any publique or pretended Order or Authority whatsoever shall be a good discharge as to soe much of the accompt of such person or persons, And except all First fruites and Tenthes in the hands of any Receiver not having disbursed as in the last Exception is expressed.
XV. Discharges given in the Exchequer not to be avoided, except Accounts of the Revenues of Churches in Wales, Bribery, Perjury, Subornation, Forging Writings or Examinations of Witnesses.
Provided That all and every Judgement of Discharge or Quietus est had or given at any time upon any accompt in the publique Exchequer, since the yeare One thousand six hundred forty eight be allowed and shall not be avoided except all accompts of the [Revenewes (fn. 15)] of Churches and Viccaridges in Wales and the County of Monmouth and all Judgements of Discharge or quietus therupon obtained And alsoe excepted out of this pardon all offences of Bribery Perjuries and the Subornation of Perjury [of (fn. 16)] Witnesses and offences of forging or counterfeiting any Deeds Debentures Bills of publique Faith, Escripts Wills or other Writings whatsoever or of any Examinations or Testimonies of any witnesse or witnesses tending to bring any person or persons in danger of his Life Liberty or Estate and the giving the same in evidence and the councelling or procuring of any such counterfeiting or forgeing to be had or made.
XVI. Exception of Persons embezzling the Goods of the late King, Queen, Prince, &c.
And alsoe excepted all offences in detaining imbezeling or purloyning any the Goods Money [Chattels (fn. 17)] or Jewells of the late King Queene or Prince or any of the children of the late King and Queene other then Shipping Stores and Ammunitions of Warr and other then such Goods and Chattels as have beene sold or disposed of to any of the Servants or Creditors of his late Majesty in or towards satisfaction of their debts or wages.
XVII. Exception of Fines,; Amerciaments, &c. received by Sheriffs, &c.
And alsoe excepted out of this pardon all Issues Fines and Amerceaments Rents and other publique Dutyes being leavied received or collected by any Shiriffe Undersheriffe Bailiffe Minister or other Officer to or for the use of the late King the Parliament or the said Keepers of the Liberty of England, or any other person stiling himselfe Protector or for his Majesty that now is, and not accompted for and discharged.
XVIII. Exception of Jesuits and Romish Priests, 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 Priest whatsoever contrary to the tenor or effect of the Statute made in the Seaven and twentyeth yeare of the Raigne of the late Queene Elizabeth intituled An Act against Jesuits Seminaries Priests and other disobedient persons or of any part therof and all out lawries proceedings judgements and executions for the same offences or any of them,
XIX. Proviso for Issue of Writs of Capias Utlagatum; and for any Party outlawed suing out Scire-Facias against the Plaintiff.
Provided alwayes and be it enacted by the Authority aforesaid That it shall and may be lawfull to and for all and every Clerke and other Officer of the Courts at Westminster to award and make Writs 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 defendent or defendents to make answere to the plaintiffe or plaintiffes at whose Suite he or they were outlawed, and that every person soe outlawed shall sue [out (fn. 18)] a Writt of Scire facias [againt (fn. 19)] the party or partyes at whose suite he or they were soe outlawed before this pardon in that behalfe shall be allowed [to (fn. 20)] him or them soe outlawed.
XX. Exception of Persons outlawed upon Capias ad satisfaciendum, &c.
Provided and be it Enacted by the Authority aforesaid That this Act of generall pardon shall not in any wise extend to pardon any Outlawries upon any Writt of Capias ad satisfaciendum untill such time as the party soe outlawed shall satisfie or otherwise agree with the party at whose suite the same person was soe oulawed or condemned.
XXI. Exception of Informations and Proccedings concerning High Ways, Bridges, &c. Recognizances by Receivers, &c. in the Exchequer.
And alsoe excepted out of this pardon all informations and other proceedings depending concerning any common Highwayes or Bridges and all issues returned upon any processe concerning the same since the thirtyeth of January One thousand six hundred forty eight, Except alsoe all Recognizances Obligations and other Securityes given or entred into since the five and twentyeth of March One thousand six hundred and forty by any Receiver Reeve Bailiffe Collector or other accountant in the Court of the publique Exchequer and their suretyes and their accounts respectively
XXII. Exception of Obligations, &c. not yet forfeited.
XXIII. Pardon extended to all Acts of Hostility, Injuries, &c. between the King and his Parliament.
And be it further Enacted by the Authority aforesaid that all acts of Hostility and Injuries whether betweene the late King and the Lords and Commons then in Parliament assembled, or between any of the people of this Nation which did arise upon any action attempt assistance councell or advice haveing relation unto, or falling out by reason of the late troubles or in the late warrs [and (fn. 21)] publique differences betweene the late King and Parliament or betweene His now Majesty or any of his Subjects, and which are not in this Act excepted That the same and whatsoever hath ensued therupon whether trenching upon the Lawes and Liberties of this Nation or upon the Honour of His Majesty or upon the Honour or Authority of the Parliament or to the prejudice of any perticular or private person shall in noe time from and after the foure and twentyeth day of June in the yeare of our Lord One thousand six hundred and sixty be called in question whatsoever be the quality of the person, or of whatsoever kinde or degre civill or criminall the Injury is supposed to be, And that noe mention be made therof in time to come in Judgement or Judiciall proceedings.
XXIV. Persons, within Three Years, using any words tending to revive the Memory of the late Differences; if a Gentleman, or above, Penalty £10; if under that Degree, Penalty 40s.
And to the intent and purpose that all names and termes of distinction may [likewise be (fn. 22)] putt into utter Oblivion Be it further Enacted by the Authority aforesaid That if any person or persons within the space of three yeares next ensueing shall presume malitiously to call or alledge of, or object against any other person or persons any name or names, or other words of reproach any way tending to revive the memory of the late Differences or the occasions thereof, That then every such person soe as aforesaid offending shall forfeit and pay unto the party grieved in case such party offending shall be of the degree of a Gentleman or above ten pounds, and if under that degree the summe of forty shillings to be recovered by the party grieved by Action of Debt to be therefore brought in any of His Majestyes Courts of Record [where (fn. 23)] noe Essoigne Protection or wager of Law shall be allowed, or any more then one Imparlance soe as the same Action be commenced or prosecuted within six monthes [next (fn. 20)] after the Offence committed, And if the Jury sworne to try any Issue or Issues that shall be joyned in such Action shall finde for the plaintiffe they shall likewise give to every such plaintiffe forty shillings da[m]mages over and above the penalty aforesaid.
XXV. Exception of Persons plotting or designing the Irish Rebellion, 16 Car.I.c.33.
Provided alwayes that this Act or any thing therin contained shall not extend or give any benefit unto any person or persons who have had any hand in the ploting contriving or designing the great and heinous Rebellion of Ireland mentioned in one Act passed in the Parliament begun at Westminster the third day of November in the sixteenth yeare of King Charles intituled An Act for the speedy and effectuall reduceing of the Rebells in His Majestyes Kingdome of Ireland to their due obeidience to His Majesty and Crowne of England Or in aiding assisting or abeting the same, [(Other then such as by another Act intended hereafter to be passed shall be therin named mentioned or expressed to be pardoned) (fn. 24)] nor to enure to restore to any person or persons bodyes politique or corporate (other then the Marquesse of Ormond Lord Steward of his Majestyes Household and other the Protestants of Ireland [and their Heires and such other person and persons as in and by an Act intended [to be (fn. 20)] hereafter passed shall be therin named mentioned or expressed in that behalfe (fn. 24)] any Estate Libertyes Franchises or Hereditaments in England or Ireland sold or disposed of by both or either Houses of Parliament, or any Convention assumeing the Stile or name of a Parliament, or any person or persons deriving authority from them or any of them, or which was approved or confirmed by them or any of them, nor to the meane proffits rents or contingencies of advantage of the same.
XXVI. Every Person pardoned may plead the general Issue.
And it is further provided and enacted That every person or persons hereby pardoned may plead 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 therupon 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 the peace Constable or other Officer questioned for matters acted by them as Officers or in execution of their Offices may have advantage of the matter of their Justification upon the generall Issue by them pleaded by the Lawes and Statutes of this Kingdome,
XXVII. Exception of Thefts and Felonies since 4th March 1659.
Provided alsoe That this Act nor any thing therin contained shall extend or be interpreted to extend to pardon any person or persons whatsoever for any Theft or Stealing of any Goods or other Felonies since the fourth day of March in the yeare of our Lord One thousand six hundred fifty and nine, Any thing in this Act contained to the contrary therof in any wise notwithstanding.
XXVIII. Exception of Goods to be restored under an Act for Repeal of Two Acts for Sequestrations.
Provided alsoe that neither this Act nor any thing therin contained shall extend to acquit or discharge any person or persons from makeing restitution of all such Rents summes of Money Horses Cattle or other Goods which by a certaine Act or pretended Act lately made entituled An Act for repeale of two Acts for Sequestrations are required to be restored to those from whom they were taken, Nor shall this present Act be construed to disable or barr the respective owners or proprietors of and from their severall and respective Actions or Suites at Law or in equity, for or by reason of the said or any other Rents Moneyes Horses Catle or Goods which since the five and twentyeth day of July One thousand six hundred fifty and nine have beene by any person or persons wrongfully received or taken away, and for which the said wrong doers are not in any wise Indempnified by the said [Act, (fn. 25)] or any other Act of Repeale.
XXIX. Act extended to Persons in respect of Goods, &c. sequestrated and actually paid into any public Treasury by virtue, &c. of any Order of the late or present King or Parliament.
And be it further Enacted by the Authority aforesaid That noe person or persons who by vertue of any Order or Warrant mediately or immediately derived from his late Majesty or his Majesty that now is, or by vertue of any Act Ordinance or Order of any or both Houses of Parliament, or any of the authorityes aforesaid, or any Committee or Committees acting under them or any of them have seised sequestred leavyed advanced or paid to any publique use or into any publique Treasury within this Kingdome any Goods Chattels Debts Rents summe or summes of Money belonging to any person or persons whatsoever shall hereafter be sued molested or drawne into question for the same, but that they and every of them shall be discharged against all persons for soe much and noe more of the said Goods Chattels Debts Rents summe or summes of money as their severall and respective orders of discharge or acquittances extend unto
XXX. Exception of Receivers of Money privately for his Majesty's Supply, since 1648.
Provided alsoe That noe thing herein contained shall extend to discharge any person or persons who have beene by private order or instructions imployed and intrusted or have undertaken the imployment to receive any summe or summes of money for the Kings Majestyes Service or Supply since the yeare one thousand six hundred forty and eight from making their accompts for the same.
XXXI. Exception of Persons in respect of Monies received upon Tax of Decimation.
Provided alsoe that this Act shall not extend to pardon or discharge from account to the Kings Majesty any person or persons for any summe or summes of money received for that Illegall Tax of Decimation, or upon the accompt of any Militia setled or acted in, since One thousand six hundred forty and eight, and not accompted for, or paid over or discharged to, or by any that had authority or pretended authority to discharge the respective Receivers of the same.
XXXII. Exception of Persons that have had Directions from His Majesty, and have traiterously held Intelligence with Foreign States, &c. or otherwise.
Provided alsoe that if any person or persons being his Majestyes Mesniall Servant or Servants, or haveing or pretending to have received perticular Instructions or Directions from his Majesty have dureing the time of such his or their relation [un (fn. 26)] to his Majesty, or whilst he or they were acting or pretending to act for His Majestyes Interest, in pursuance of the said Instructions or Directions wilfully malitiously and traiterously held Intelligence with any forraigne Prince or Princes State or States or with any person [or p[er]sons (fn. 26)] usurping Supreame authority in this Kingdome or other his Majestyes Dominions or with their or either of their Ministers or Agents and without his Majestyes license and to the intent to betray his Majestyes person or Councells, or have received any summe or summes of money or pention for such Treachery, that then such person and persons as to the offence in this provisoe mentioned shall be and is hereby [accepted (fn. 27)] out of this Act, Any thing herein contained to the contrary notwithstanding soe as such person or persons be outlawed or [otherwise (fn. 26)] legally convicted of such offence or offences within the space of two yeares from the five and twentyeth day of Aprill one thousand six hundred and sixty.
XXXIII. Exception of Duties of Excise since 25th March 1658, and of Debts due to Excise since 25th March 1657.
Provided that this Act of Generall Pardon or any thing therin contained shall not extend to the pardoning or discharging of any Debts or Summes of money due to, or for the Excise of any Goods or Merchandize wherof any Entryes have beene made in the Custome house which have growne due since the twenty fifth day of March one thousand six hundred fifty and eight, or to the pardoning or discharging of any Debts or Summes of money due to the Farmers, or pretended Farmers of Excise since the twenty fifth day of March one thousand six hundred fifty and seven,
XXXIV. Persons excepted by Name who were concerned in the Murder of King Charles I.
Provided alsoe that this Act nor any thing therin contained shall extend to pardon discharge or give any other benefit whatsoever unto [John Lisle William Say Sir Hardresse Waller, Valentine Wauton Thomas Harrison Edward Whalley William Heveningham Isaac Penington Henry Martin John [Barstead (fn. 28)] Gilbert Millington Edmond Ludlow Sir Michael Livesey Robert Tichborne Owen Row Robert Lilburne Adrian Scroop John Okey John Hewson William Goffe Cornelius Holland Thomas Challoner John Carew John Jones Miles Corbet Henry Smith Gregory Clement Thomas Wogan Edmond Harvey Thomas Scot William Cawley John Downes Nicholas Love Vincent Potter Augustine Garland John Dixwell George Fleetwood Simon Meyne James Temple Peter Temple Daniel Blagrave Thomas Wait John Cooke Andrew Broughton Edward Dendy William Hewlet Hugh Peters Francis Hacker Daniel Axtell (fn. 29)] nor any of them, nor to those two persons [nor (fn. 30)] either of them who being disguised by Frocks and [Vizards (fn. 31)] did appeare upon the Scaffeld erected before Whitehall upon the thirtyeth of January one thousand six hundred forty[and (fn. 32)] eight, All which persons for their execrable Treason in sentencing to death, or signing the Instrument for the horrid Murder, or being instrumentall in taking away the pretious Life of our late Soveraigne Lord Charles the first of glorious memory are left to be proceeded against as Traitors to his late Majesty according to the Lawes of England and are out of this present Act wholly excepted and foreprized,
XXXV. The Execution of certain Persons that appeared and rendered themselves suspended.
[But in regard the said Owen Row Augustine Garland Edmond Harvey Henry Smith Henry Martin Sir Hardresse Waller Robert Tichborne George Fleetwood James Temple Thomas Wait Simon Meyne William Heveningham Isaac Penington Peter Temple Robert Lilburne Gilbert Millington Vincent Potter Thomas Wogan and John Downes have personally appeared and rendered themselves (according to the Proclamation bearing Date the sixth day of June one thousand six hundred and sixty to Summon the persons therin named who gave Judgement and assisted in the said horrid and detestable murther of our said late Soveraigne to appeare and render themselves) and doe pretend thereby to some favour upon some conceived doubtfull words in the said Proclamation; Be it Enacted by this present Parliament and [the (fn. 33)] Authority of the same (upon the humble desires of the Lords and Commons in Parliament assembled) That if the said Owen Row Augustine Garland Edmond Harvey Henry Smith Henry Martin Sir Hardresse Waller Robert Tichborn George Fleetwood James Temple Thomas Wait Simon Main William Heveningham Isaac Penington Peter Temple Robert Lilburn, Gilbert Millington Vincent Potter Thomas Wogan and John Downes or any of them shall be legally attainted for the horrid Treason and Murther aforesaid, that then neverthelesse the Execution of the said person and persons soe attainted shall be suspended untill his Majesty by the advice and assent of the Lords and Commons in Parliament shall order the Execution by Act of Parliament to be passed for that purpose, (fn. 29)]
XXXVI. Exception of Oliver Cromwell, &c. deceased.
XXXVII. Exception of the Lands and Goods of certain deceased Persons.
Provided That noe thing in this Act contained shall extend to discharge the Lands Tenements Goods Chattels Rights Trusts and other the Hereditaments late of the said Oliver Cromwell Henry Ireton John Bradshaw and Thomas Pride, or of Isaac Ewer deceased Sir John Danvers deceased Sir Thomas Maleverer Baronet deceased, William Purefoy deceased John Blakiston deceased, Sir William Constable Baronet deceased Richard Dean deceased Francis Alleyn deceased Peregrine Pelham deceased John Moore deceased John Aldred al[ia]s Alured deceased Humphrey Edwards deceased Sir Gregory Norton Baronet deceased John Venn deceased Thomas Andrewes Alderman deceased Anthony Staply deceased Thomas Horton deceased John Fry deceased Thomas Hamond deceased Sir John Bourchier deceased of and from such paines penaltyes and forfeitures as by one other Act of Parliament intended to be hereafter passed for that purpose shall be expressed and declared,
XXXVIII. Exception of certain Persons as to Penalties not extending to Life.
And alsoe except out of this present Act William Lord Mounson James Challoner Sir Henry Mildmay Sir James Harrington John Phelps and Robert Wallop All which persons did act and sitt in that traiterous Assembly which in the moneth of January one thousand six hundred forty ( (fn. 34)) eight acted and proceeded against the life of our late Soveraigne King Charles the first of blessed Memory and are therefore reserved to such paines penalties and forfeitures not extending to Life as by another Act intended to be passed for that purpose shall be imposed on them.
XXXIX. The like Exception as to Sir Arthur Hasilrig.
And alsoe except Sir Arthur Hasilrig for and in respect onely of such paines penaltyes and forfeitures not extending to Life as [by (fn. 33)] one Act intended to be hereafter passed for that purpose shall be inflicted and imposed.
XL. Certain Persons made incapable of any Offices. Penalty on Francis Lassels of one Year's Rent.
Provided alwayes that John Hutchinson Esquire and Francis Lassels shall be and are hereby made for ever incapable to execute any Place or Office of Trust Civill or Military within this Kingdome, And that the said Francis Lassels shall pay unto our Soveraigne Lord the King one full yeares value of his Estate, Any thing herein before contained to the contrary notwithstanding;
XLI. Exception of Sir Henry Vane and John Lambert.
[Provided alwayes that this Act or any thing therin contained shall not extend to the pardoning or to give any other benefit whatsoever unto Sir Henry Vane John Lambert or either of them, but that they and either of them are and shalbe out of this present Act wholly excepted and foreprized.
XLII. Certain Persons accepting any Office.; Penalty.
Provided that if William Lenthall William Burton Oliver St John, John Ireton Alderman Collonell William Sidenham Collonell John Desbrow John Blackwel of Moreclak Christopher Packe Alderman Richard Keeble Charles Fleetwood John Pyne Richard Deane Major Richard Creed Philip Nye Clerke John Goodwin Clerke, Sir Gilbert Pickering [Colloner (fn. 35)] Thomas Lister and Collonel Ralph Cobbet shall after the first day of September One thousand six hundred and sixty accept or exercise any Office Ecclesiastical Civil or Military or any other publique imployment within this Kingdome of England Dominion of Wales or Towne of Berwicke upon Tweede that then such person or persons as doe soe accept or execute as aforesaid shall to all intents and purposes in Law stand as if he or they had beene totally excepted by name in this Act. (fn. 29)]
XLIII. Exception of Persons that gave Sentence upon any in the illegal High Courts of Justice Exception.
[Provided likewise That all those who since the fifth of December one thousand six hundred forty eight did give sentence of death upon any person or persons in any of the late Illegall and Tyrannicall High Courts of Justice in England or Wales, or signed the Warrant for Execution of any person there condemned (except Collonel [Richard (fn. 36)] Ingolsby and Collonel Mathew Thomlinson) shal be and are hereby made incapable of bearing any Office Ecclesiasticall Civill or Military within the Kingdome of England or Dominion of Wales, or [as (fn. 37)] serving as a Member in any Parliament after the first day of September one thousand six hundred and sixty, (fn. 38)]
XLIV. Persons intrusted by Ordinance 1649 concerning Tithes accountable.
Provided alsoe and it is Enacted That all and every the persons appointed Trustees in a late [pretend (fn. 39)] Act or Ordinance made in the yeare of our Lord One thousand six hundred forty nine for & concerning Tithes appropriate, Oblations, Obventions Pensions, Portions of Tithes appropriate Offerings Fee farme Rents issueing out of the Tithes therin mentioned, First fruites and other things and enacted or mentioned to be enacted to be vested setled adjudged or deemed to be in the actuall seizin or possession of such person and persons in the said pretended Act or Ordinance mentioned and their heires shall accompt for and be responsable for all Rents and Profits of the premisses which came to their hands and have not beene by the said Trustees or their order disbursed disposed or imployed for the maintenance of Ministers or other uses according to the said pretended Act or Ordinance or some other Acts, Order or Ordinance made in the yeares [of our Lord (fn. 36)] one thousand six hundred & fifty, one thousand six hundred fifty fower and one thousand six hundred fifty six by any assembly called or reputed a Parliament, or assuming the power of Parliament according to the intention of such Act Acts or Ordinances, and the Agents and Receivers under the order of the said Trustees and the occupiers and tenants of the premisses [who have taken the p[re]misses (fn. 36)] or proffits therof into their hands without agreement to pay Rent therefore, and have made noe accompt or satisfaction to the Trustees aforesaid, or to some other by their order, and alsoe the persons who have held the same or taken the proffits therof under any agreement to pay rent or money for the same and have not paid the same shall respectively accompt pay and make satisfaction for soe much of the premisses and profits of the premisses as are unsatisfied or unaccompted for as aforesaid, and pay such arrearages of rents or money as by such agrement remaineth unpaid by them, all which payments and accounts shall be made to such persons and in such manner as in Parliament shall be directed, Neverthelesse it is not hereby intended that any Minister Schoolemaster or other person for whose benefit or maintenance the said pretended Acts or Ordinances were made shall be accomptable or lyeable to make satisfaction for any proffits rents or summes of money paid to, or taken by them respectively by vertue or colour of any order or appointment of the said Trustees or any of them, or otherwise.
XLV. Exception of Bonds in His Majesty's Name before May 1642 for Securities of Receivers.
Provided alsoe That this Act doe not extend to, pardon any Bond taken in his late Majestyes Name before the moneth of May one thousand six hundred forty two for secureing the proper Debt of any Servant or Receiver of the Revenew of his said late Majesty that hath not [been (fn. 36)] paid to, or by order of some lawful or pretended authority, And whereas by an order of the Six and twentyeth day of May in the yeare One thousand six hundred forty ( (fn. 40)) one the then House of Commons in Parliament did accept the summe of One hundred and fifty thousand pounds as a composition from the Farmers of severall Customes voted to be illegally taken, and some of the said Farmers did procure and pay the said whole summe of One hundred and fifty thousand pounds at the desire of the said House of Commons, and upon their Declaration that such of the said Farmers as did not pay their proportions should not be pardoned but proceeded gainst, and out of their Fines satisfaction should be made to those who had paid the said One hundred and fifty thousand pounds, and in pursuance therof did on the first of June then next following resolve That the Estates of such persons living or dead as have by colour of any Patent received moneyes from the Subject under pretence of such Customes or have beene Undersharers with the Patentees ought to be made lyeable to restitution, It is therefore provided That this Act shall not extend or bee construed to extend to pardon or indempnifie any person or persons their heires executors administrators or assignes who have not paid their proportions of the said One hundred and fifty thousand pounds, or ought to( (fn. 41)) beene contributory therunto from or against misdemeanours or offences relating to the said Customes, or from payment of their proportions But that the Estates of the dead as well as the ( (fn. 42)) liveing of such who ought to have beene contributory [in whose possession soever (fn. 36)] (Purchasers bona fide and upon valuable considerations onely excepted) shall continue and be charged and chargeable with the payment of their proportions to all intents and purposes as if this Act had not beene made, Any thing herein contained to the contrary notwithstanding.
XLVI. Exception of Arrears of Excise upon Beer and Ale since 24 June 1659
Provided alsoe That this Act or any thing therin contained shall not extend or be construed to pardon or discharge any summe or summes of money due, and arreare for Excise of Beere Ale or other Native or Inland Commoditye since the [twenty fowerth (fn. 43)] day of June One thousand six hundred fifty [and (fn. 44)] nine.
XLVII. Exception of Monies due for Quarter since 2d July 1659.
Provided alsoe That noe thing in this Act contained shall extend to the pardoning or discharging of any su[m]me or summes of money due from any Officers or Souldiers to any of the Subjects of this Kingdome for free quarter since the second day of July One thousand six hundred fifty [and (fn. 44)] nine, or to discharge any moneys borrowed by any Officers for preventing of free quarter,
XLVIII. Proviso for Purchasers bonâfide of Lands, other than of the King or Church, to enjoy their Purchases;
Provided alwayes And be it Enacted by the Authority aforesaid That noe Conveyance Assurance Grant Bargaine 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 any Mannours Lands Tenements or Hereditaments not being the Lands nor Hereditaments of the late King, Queene Prince or of any Archbishops Bishops Deanes, Deanes or Chapters, nor being Lands or Hereditaments sold or given or appointed to be sold or given for the delinquency or pretended delinquency of any person or persons whatsoever by vertue or pretext of any Act order or ordinance, or reputed Act order or ordinance since the first day of January One thousand six hundred forty and one, Nor any Statute Judgement or Recognizance had made acknowledged or suffered to any person or persons bodyes politique or corporate before the nine and twentyeth day of September One thousand six hundred fifty and nine by any of the persons before in this Act by name excepted or their Heires, or by any other person or persons clayming by from or under them or any of them other then the wife or wives child children heire and heires of such person and persons or any of them for money bona fide to them or any of them, paid or lent, nor any conveyance assurance grant or estate made before the five and twentyeth day of April One thousand six hundred and sixty by any person or persons to any such person or persons excepted by Name as aforesaid, in trust and for the benefit of any other person or persons Bodyes Politique or Corporate not excepted by name as aforesaid shall be impeached defeated made void or frustrated hereby, or by the attainder or conviction of any such excepted Person or persons but that the same shall be held and enjoyed by the Purchasers Grantees Lessees Assignees Cestuy que use Cestuy que trust and every of them their Heires Executors Administrators and Assignes respectively as if this Act had not beene made, and as if the said person or persons had not beene excepted attainted or convicted Any Law Statute Usage or Custome to the contrary therof in any wise notwithstanding.
XLIX. Exception of Sacrilege, &c.
Provided alwayes That this Act nor any thing therein contained shall not extend to Indempnifie any person or persons whatsoever who have entred into any Messuages Lands Tenements or Hereditaments called Fabrick Lands or possest themselves of any Rent or Revenues given for the repaire of any Cathedrall or other Church, or who have Sacreligiously enriched themselves by converting the Plate [and (fn. 45)] Utensills and Materialls of or belonging to such Churches to their owne private use and advantage for or in respect of the said Crimes onely.