June 1646: An Ordinance for the Sessions of Assizes to be held in the Castle of Lancaster, on the 3. day of August next ensuing.

Pages 855-857

Acts and Ordinances of the Interregnum, 1642-1660. Originally published by His Majesty's Stationery Office, London, 1911.

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June, 1646.

[17 June, 1646.]

Whereas the Sessions of Assizes, and for the Pleas of the Crown, Common Pleas, and all other Pleas for the County Pala tine of Lancaster holden at the Castle of Lancaster, before His Majesties Justices there for the said County, was begun the fifth day of September, Anno Domini 1642. and continued de die in diem till the ninth day of the same Moneth, on which said ninth day of the said Sessions, together with all Pleas, Precepts, Writs, Process, Recognizances, and all other things concerning the same Sessions by His Majesties then Justices, were adjourned, and appointed to be holden and kept at the said Castle of Lancaster upon Monday in the fifth week in Lent then next following; which said Sessions appointed upon the said Monday in the said fifth week of Lent, by reason of the not coming of His Majesties Justices there, and of the Enemies of this present Parliament then lying before and besieging the said Castle, could not then be holden, nor any adjournment then made, so that the matters, Pleadings and Procedings in the same Sessions, as well for and concerning the Kings Majesty, as other Suits betwixt Party and Party were obstructed, discontinued and put without day, to the great prejudice as well of His Majesty as the said subjects of the County of Lancaster, & retarding of the publique means of Justice by the known Laws of the Land; For remedy whereof, and forasmuch as the said County now standeth clear and free (by the providence of Almighty God) from such powerful and profest Adversaries, and to the end that the Subjects of the said County of Lancaster may have and enjoy their wonted Priviledges, and proceed according to the Laws of this Kingdom, and according to the ancient Priviledges and Customs used within the aforesaid County Palatine of Lancaster.

Assizes for County Palatine of Lancaster to be held on Aug. 3 next.; All process, pleas, etc., depending at adjournment of Sessions to be proceeded in notwithstanding delay.; Edward Atkins and John Green to be justices of Assize and Gaol Delivery.; Chancellor or Vice-Chancellor of County Palatine to issue usual Commissions to said Justices.; Sheriff to make Proclamation to all concerned to attend and assist.

We the Lords and Commons in Parliament assembled, upon mature deliberation of the Premises, do therefore hereby Ordain, Order and Appoint, That the said Sessions for the said County Palatine of Lancaster shall be holden and kept at the said Castle of Lancaster, upon Monday the third day of August next ensuing, and that all Actions, as well real as personal, and all other Actions mixt or otherwise, Pleas, Precepts, Writs, Process, Demurrers, Recognizances, Fines, Recoveries, and all other proceedings, matters and things, of what nature or quality soever, so obstructed, discontinued and put without day, shall be and stand revived, recontinued and of full force and effect in the Law, to all intents, constructions and purposes. And that all such Process, Pleas, Demurrers and Proceedings in every such Action, Actions, Suits, Bills or Plaints which were depending at the time of the adjournment of the said Sessions upon the said Ninth day of September as aforesaid, shall stand good and effectual, and be proceeded in, and [set] forth in such maner and form, and be in the same plight, estate, condition and order, as if the same discontinuance, obstruction or hinderance had never happened; any discontinuance, miscontinuance, putting without day, and not prosecuting of the same to the contrary not withstanding. And We the said Lords and Commons do further hereby Ordain, Order and Appoint, That Edward Atkins one of the Barons of the Exchequer, and Iohn Green Sergeant at Law, shall be Justices of the said Sessions, and that the said Justices so assigned, after such time as they shall have the Records of the same Pleas and Processes before them, shall have full power and authority to continue the said Pleas and Processes and all things that depend upon them, to hear, and finally to determine, according as the other Justice or Justices of the said Sessions, before the said last adjournment of the aforesaid Sessions at Lancaster, might have done, in case there had not been any obstruction, discontinuance or not coming of the said Justices as aforesaid; and that they the aforesaid assigned Justices shall likewise hear and determine all and all maner of Treasons, petit Treasons, Murthers, Manslaughters, Felonies, Burglaries, Rapes, Trespasses, Ryots, Routs, unlawful Assemblies, and all other Offences and Injuries whatsoever, done or committed by any person or persons whatsoever against the Statutes and Laws of this Kingdom in such cases made and provided, or against the Common Laws, Priviledges and Customs of the said County, and prosecuted by any person or persons whatsoever, for or in the Name of the Kings Majesty, or for or on the behalf of themselves or any of them. And also to make or cause to be made a Goal delivery there, according to the Law and Custom of this Realm of England; And that the said Justices shall Act, do and perform all other matters and things in such maner and form as any other Justice or Justices of Assize at Lancaster, and for the Pleas of the Crown, Common Pleas, and other Pleas have usually acted, done and performed at any time heretofore: And the Chancellor of the County Palatine of Lancaster, or Vice-Chancellor there, are hereby Authorized, Ordered and Appointed to issue forth to the said assigned Justices of Assize and Goal delivery as aforesaid, for the Execution of the Premises, such Commission or Commissions as in such cases have been heretofore in the said County Palatine used and accustomed. And further also, That all Writs and Process, of what nature or kinde soever be made, sealed and executed as heretofore they have been accustomd to be made, Sealed and Executed within the said County Palatine, hereby likewise commanding and enjoyning the Sheriff of the said County Palatine of Lancaster, That he cause forthwith Proclamation and notice to be given in all places within the said County, as well within Liberties as without, to all Earls, Barons, Knights, Mayors, Bailiffs, Stewards, Officers, Ministers, and other the Subjects whatsoever, dwelling and residing within the said County, having any thing to do at the same Sessions of Assizes, that they then and there attend upon the said Justices, and be in all things requisite to them Ayding and Assisting.