Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Certain Acts and Proceedings not to be avoided.
BEE it Enacted and it is Enacted by His Majesty and the Lords and Commons in Parliament assembled and by the Authoritie of the same That noe Fines nor finall Concords Chirographs nor Proclamations of Fines nor any Recoveries Verdicts Judgements Statuts Recognizances nor Inrolments of any Deeds or Wills or of any such Fines Proclamations Recoveries Verdicts Judgments Statutes or Recognizances, nor any Exemplifications of them nor any of them, nor any Inquisitions Indictments Presentments Informations Decrees Sentences, Probats of Will, nor Letters of Administration, nor any Writts nor Actings on, or Returns of Writts, Orders or other Proceedings in Law or Equity had, made, given, taken or done or depending in the Courts of Chauncery, Kings Bench Upper Bench Common Pleas and Court of Exchequer, and Courts of Exchequer Chamber or any of them sitting at Westminster or in the Courts of the Great Sessions in Wales, the Courts of any Countyes Palatine or Dutchy of Lancaster or Towne of Berwicke upon Tweed, or in any other inferiour Courts of Law or Equity, or by any the Judges Clerks Officers Sheriffes Coroners or Ministers or others Acting in Obedience to them or any of them, or by any the Courts of Admiralty Delegats Justices of Assize, Nisi Prius, Oyer and Terminer Goale Delivery Justices of the Peace Commissioners of Sewers Banke-rupts or Charitable Uses, nor any Actings, Processe, Proceedings nor Executions therupon had, made, given done or suffered in the Kingdome of England since the First of May One thousand six hundred forty two shall be avoided for want or defect of any Legall Power in the said Courts Judges Commissioners Justices or any of them, or for or by reason that the Premisses or any of them were commenced, Prosecuted, had, made, held or used in the Name Stile or Title of the late King, or in the Name Stile Title or Test of Custodes Libertatis Anglie Authoritate Parliament, Or in the Name Stile Title or Test of the Keepers of the Liberty of England by Authority of Parliament, Or the Name Stile Title or Test of Oliver Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions therunto belonging, Or of Oliver Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories therunto belonging, Or the Name Stile Title or Test of Richard Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories therunto belonging, or for or by reason of any alteration of the said Names Stiles or Titles, Or for that the said Fines Recoveries Processe Pleadings Proceedings and other things before mentioned, Or the Entry and inrolment of them, or any of them were in the Lattaine or English tongue, But that all and every such Fines Recoveries and other things abovementioned and the Actings Doeings and Proceedings therupon shall be of such and of noe other Force Effect and Vertue then as if such Courts Judges Justices Commissioners Officers and Ministers had Acted by vertue of a True Just and Legall Authority, and as if the same and the Entry and inrolment therof were in Latin, and as if the severall Acts and Ordinances or pretended Acts or Ordinances made by both or either Houses of Parliamenr, or any Convention assembled under the name of a Parliament, or by Oliver Cromwell late stiled Protector of the Commonwealth of England Scotland and Ireland and the Dominions therto belonging, and his Councell Warranting or Directing such proceedings had beene Good True and Effectuall Acts of Parliament.
II. Recital that since the Death of the late King Fines had been levied
without Entry, or Licentia concordandi.; Such Fines good.
And whereas since the death of the late King severall Fines have beene Leavied without any Entry or due Entring of any summe paid pro licentia concordandi commonly called the Kings Silver and without Entry, or due Entry of any summe given to the party for the Concord. And alsoe whereas in the Terme of Saint Michael last past severall Fines were Leavyed and Recorded in the Court of Common Pleas before one Judge onely of the said Court, Bee it Enacted That the said Fines and Proclamations therupon and every of them shall be good and effe[ct]uall notwithstanding the defects aforesaid.
III. Proviso for Fines and Recoveries of Lands in Durham.
And be it alsoe further Enacted That all Fines Proclamations of Fines Recoveries and other Judiciall proceedings in the Court of Common Pleas at Westminster since the death of His late Majesty King Charles the First had Leavyed or Suffered of any Lands lyeing in the County Palatine of Durham shall be good and effe[ct]uall notwithstanding the said Lands were lyeing in the said County Palatine.
IV. The illegal Proceedings of the High Courts of Justice not allowed.
Provided That this Act or any thing therin contained shall not be Construed Deemed or Adjudged to make good allow confirme or countenance any the Proceedings in the late Illegall and Unwarranted High Courts of Justice or soe called or any of them.
V.Recital that Adherents of the Parliament and of the King had been indicted:
Such Indictments, &c. and all Grants thereupon, made void; and all Escheats, &c. restored.
And whereas since the first day of May in the yeare of our Lord One thousand six hundred forty one, and before the five and twentyeth day of Aprill in the yeare of our Lord One thousand six hundred and sixty there were diverse Persons that Adheered to both Houses of Parliament, who for or in respect of such their adherence were Indicted Charged or Impeached of Treason, And whereas since the said first day of May in the yeare of our Lord One thousand six hundred forty one, and before the said five and twentyeth day of April in the yeare of our Lord One thousand six hundred and sixty diverse persons who adhered to His Majestie or to the late King were for such their adherence Charged Impeached or Indicted of High Treason, Bee it further provided and Enacted That the said Charges Impeachments Indictments and all Exigents Outlawries Convictions and Attainders therupon, and all Letters Patents and Grants therupon made of any Mannours Lands Tenements or Hereditaments Escheated or forfeited by reason of such Attainder, and all Title to any measne Profits by reason of such Conviction Outlawry Attainder or Grant be from henceforth repealed and discharged, And that all Escheats Forfeitures and Confiscations by reason of such Outlawries Conviction or Attainder Be and are hereby restored unto such Persons soe Outlawed Convicted or Attainted their Heires Executors and Administrators respectively as if noe such Attainder had beene.
VI. Sales made by Ordinance of Parliament since 1st May 1642 not avoided or confirmed.
Provided Neverthelesse And be it Enacted That this Act or any thing herein contained shall not extend to avoid or confirme any Sales or Estates made by vertue or pretence of any Act Order or Ordinance or reputed Act Order or Ordinance of Parliament since the first day of May in the yeare of our Lord One thousand six hundred forty two, nor any Confirmation therof made, or to be made therof in this present Parliament, but that such Sales stand and be in the same plight and condition as they should or might have done if this Act had not been made.
VII. Recognizances, Obligations, &c. to the late Protectors.
Exception.; Judgments, &c. for the said Protectors may be prosecuted in the name and to the Use of the King.; Exception.
And be it further Enacted by the Authority aforesaid That all Recognizances Obligations or other Securities made or given to the Keepers of the Libertie of England by Authoritie of Parliament, or to Oliver Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions therunto belonging, or to Oliver Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories therunto belonging, or to Richard Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories therunto belonging, and not pardoned or discharged by any Act passed or to be passed this present Parliament or otherwise [other then such Recognizances Obligations and Securities as have beene made or given (to any the pretended powers or persons aforesaid, or to any deriving or pretending to derive Authority from them) by any person or persons for or by reason of their adherence to His Majesty or his said late Royall Father, or relating to, or ariseing onely upon or in respect of the late Troubles, All which are hereby declared to be void and to be delivered up to be Cancelled, (fn. 1) ] And all Judgements Extents Inquisitions Executions and Seizures had for the said Keepers or Protectors or any of them, and not likewise pardoned or discharged other then as aforesaid shall and may be had and prosecuted in the name and to the use of His Majesty His Heires or Successors, [and alsoe excepting all Obligations Bonds or Recognizances entred into to the said Keepers or Protectors or any of them by any person or persons by Order or Direction of any Councell of State, Committee of Safety Major Generalls Decimators or any Officer or other person under them, or any other Military power, all which Obligations Bonds and Recognizances are hereby discharged and declared to be null and void to all intents and purposes. (fn. 1).]
VIII. Justices, Sergeants, Commissioners of Sewers, &c. of the late Powers not continued.
Provided alsoe and be it Enacted That this Act nor any thing therin contained shal not extend to continue after the eighth day of May in the yeare of our Lord one thousand six hundred and sixty any Justice or Justices of one Bench or the other or Barons of the Exchequer Sergeants at Law Commissions of Sewers Commissions of Bankerupts or of charitable uses made or constituted by or in the Name or Stile of any the late pretended powers or authorities,
IX. Writs of Error may be brought by Persons grieved by Judgments of the late Courts.
Provided alwayes That it shall and may be lawfull to and for every person and persons who shall finde themselves greived or damnified by any Judgement Fine Recovery Decree or Sentence given made leavied granted or pronounced in any of the said Courts to proceed in due forme of Law either by Writt of Error, Bill of Review Appeale or other lawfull remedy for the Reversing Annuling or Revoking of the same in such manner as they might at any time heretofore have done if the said Courts had beene established by lawfull Authoritie other then for those Errors and Defects which are remedied or provided for by this Act.
X. Proviso respecting Non-claim upon Fines of Lands sold, &c. by Ordinance of Parliament since the 1st May 1642, and before the 25th April 1660.
Provided allwayes And be it further Enacted by the Authority aforesaid That noe Non-claim upon or after any Fine or Fines hereby made good or confirmed shall extend or be construed to Bar or Prejudice any person or persons their Heires or Successors or their Feoffees or Trustees (other then the partyes to the said Fines and their Heires generall and speciall and his and their Trustees) as concerning such Right Claime and Interest as they had in, or to any Lands Tenements or other Hereditaments which by colour of any Act Order or Ordinance of both or either Houses of Parliament or any Convention sitting at Westminster under the Name or Stile or assuming the Name or Stile of a Parliament since the first day of May, in the yeare of our Lord One thousand six hundred forty and two, and before the five and twentyeth day of Aprill in the yeare of our Lord One thousand six hundred and sixty were Sold Conveyed or Disposed as then or late the Lands Tenements [and (fn. 2) ] Hereditaments of the King Queene or Prince or of Archbishops Bishops Deanes, Deanes and Chapters or other Ecclesiasticall persons, or as the Lands Tenements [and (fn. 2) ] Hereditaments of any other persons for their Adherency to the late King or His Majesty that now is, or for any their Actings relating to, or in respect of the late Troubles, soe alwayes that the said [person or (fn. 3) ] persons aforesaid their Heires or Successors pursue their Title Claime or Interest by way of Action or lawfull Entry within five yeares next after the nine and twentyeth day of May in the yeare of our Lord one thousand six hundred and sixty.
The late Government declared to be usurped.; Recognition of His Majesty's just Title.
And although in this Confirmation of Judiciall Proceedings it was necessary to mention Diverse pretensed Acts and Ordinances by the Names and Stiles which those Persons then Usurped who tooke upon them to passe the same Namely some by the Stile and Name of the Keepers of the Liberty of England by authority of Parliament, and others by the Name and Stile of Protectors of the Commonwealth of England Scotland and Ireland and the Dominions and Territoryes therunto belonging, Yet this present Parliament doth Declare, and it is Enacted by Authority of the same That the Names and Stiles aforesaid and every of them are most Rebellious, Wicked, Trayterous and Abominable Usurpations Detested by this present Parliament as opposite in the Highest Degree to His Sacred Majestyes most Just and undoubted Right to whom and to His Heires and Lawfull Successors the Imperiall Crownes of the Realmes of England Scotland and Ireland with their and every of their Dominions and Territoryes doe of Right appertaine and as violating and Infringing the just Rights and Priviledges of Parliament and of both Houses therof now Assembled or that hereafter shall be called and assembled.
XII. Indictments of Persons for levying Wars against Oliver Cromwell, &c. made void.
Provided alwayes and be it Enacted That all and every pretended Indictment or Indictments [Outlawes (fn. 3) ] Inquisitions and all Proceedings theron of High Treason against any Person or Persons whatsoever for Leavying Warr against the late Tirant Oliver Cromwell, the pretended Keepers of the Liberty of England or any other usurped Power shall be from henceforth void, and of none effect in Law. And that all Grants Conveyances Leases Devices Assurances Statutes Recognizances and Judgements for Debt, Da[m]mages heretofore Had Made or Suffered by any person or his Heires whose Conviction, Utlagary or Attainder is by this Act discharged or made void shall be of the same force and effect as if noe such Conviction Outlawry or Attainder had beene.