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A37593 Anno regni Caroli II, regis Angliæ, Scotiæ, Franciæ, & Hiberniæ, duodecimo at the Parliament begun at Westminster, the five and twentieth day of April Anno Dom. 1660, in the twelfth year of the reign of our most gracious soveraign lord Charles, by the grace of God, of England, Scotland, France, and Ireland King, defender of the faith, &c.; Laws, etc. England and Wales. 1660 (1660) Wing E1144; ESTC R475135 16,590 14

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discharge or quietus thereupon obtained and also Excepted out of this Pardon all offences of Bribery Perjuries and the Subornation of Perjury or Witnesses and Offences of Forging or Counterfeiting any Deeds Debentures Bils of Publick 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 compelling or procuring of any such counterfeiting or forging to be had or made And also excepted all offences in detaining imbesling or purloining any the Goods Money Chattels or Jewels of the late King Queen or Prince or any of the children of the late King and Queen other then Shipping Stores and Ammunitions of War and other then such Goods and Chattels as have been sold or disposed of to any of the Servants or Creditors of his late Majesty in or toward satisfaction of their debts or wages And also excepted out of this Pardon all Issues Fines and Amercements Rents and other publick Dutys being Levied Received or Collected by any Sheriff under-Sheriff Bayliff 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 himself Protector or for his Majesty that now is and not accompted for and discharged And also 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 27 year of the Reign of the late Queen Elizabeth Entituled An Act against Jesuits Seminaries Priests and other disobedient Persons or of any part thereof and all Out-lawries Proceedings Judgements and Executions for the same offences or any of them Provided always and be it Enacted by the Authority aforesaid that it shall and may be lawfull to and for all and every Clerk and other officer of the Court at Westminster to award and make Writs of Capias Vtlagatum at the suit of the Party Plaintiff against such Persons Out-lawed as be pardoned by this Act to the intent to compell the Defendant or Defendants to make answer to the Plaintiff or Plaintiffs at whose Suit he or they were Out-lawed And that every Person so Our-lawed shall few a Writ of Scire Frcins against the Party or Parties at whose Suit he or they were so Out-lawed before this Pardon in that behalf shall be allowed him or them so Out-lawed Provided and be it Enacted by the Authority aforesaid That this Act of Generull Pardon shall not in any wife extend to Pardon any Out-lawries upon any Writ of Capias ad Satisfaciendum until such time as the Party so Out-lawed shall satisfie or otherwise agree with the Party at whose Suit the same Person was so Out-lawed or Condemned And also excepted out of this Pardon all Informations and other Proceedings Depending Concerning any Common High-ways or Bridges and all Issues returned upon any Processe concerning the same since the 30 day of January 1648 Except also all Recognizances Obligations and other Securities given or Entred into since the 25. of March 1640 by any Receiver Reeve Baliff Collector or other Accountant in the Court of the Publick Exchequer and their Sureties and their Accounts Respectively Provided always and be it Enacted That this Act or any thing therein Contained shall not extend or be Construed to Pardon or Discharge any Recognizance Obligation or Bond which is not yet forfeited And be it further Enacted by the Authority aforesaid That all Acts of Hostilitie and Injuries whether between 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 Council or Advice having Relation unto or falling out by reason of the late Troubles or in the late Wars or publick differences between the late King and Parliament or between his now Majesty or any of his Subjects and which are not in this Act excepted that the same and whatsoever hath ensued thereupon whether trenching upon the Laws and Liberties of this Nation or upon the Honor of his Majesty or upon the Honor of Authority of Parliament or to the prejudice of any Particular or private person shall in no time from and after the 24. of June in the year of our Lord 1660 be called in question whatsoever be the quality of the Person or of whatsoever kind or Degree Civil or Criminal the Injury is supposed to be And that no mention be made thereof in time to come in judgement or judiciall proceedings And to the intent and purpose that all names and terms of distinction may be likewise put into utter Oblivion Be it further Enacted by the Authority aforesaid That if any Person or Persons within the space of three years next ensuing shall presume maliciously 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 so 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 Sum of forty Shillings to be recovered by the Partie grieved by Action of Debt to be therefore brought in any of his Majesties Courts of Record wherein no Essoign Protection or Wager of Law shall be allowed or any more than one Imparlance so as the same Action be commenced or prosecuted within six Moneths next after the Offence Committed And if the Jury sworn to try any Issue or Issues that shall be joined in such Action shall find for the Plaintiff they shall likewise give to every such Plaintiff forty Shillings Damages over and above the Penalty aforesaid Provided alwayes that this Act or any thing therein contained shall not extend or give any Benefit unto any Person or Persons who have had any hand in the Plotting Contriving or designing the Great and Heinous Rebellion of Ireland mentioned in one Act passed in the Parliament begun at West minster the 3 day of Novem. In the sixteenth year of King Charles Entituled An Act for the speedy and Effectuall Reducing of the Rebels in his Kingdome of Ireland to their due obedience to his Majesty and Crown of England Or in Aiding Assisting or Abetting the same other than such as by another Act intended hereafter to be passed shall be therein named mentioned or expressed to be pardoned Nor to enure to restore to any person or persons Bodies Politick or Corporate other than the Marquesse of Ormond Lord Steward of His Majesties Houshold and other the Protestants of Ireland and their Heirs and such other person and persons as in and by an Act intended hereafter to be passed shall be therein
fortie and eight All which persons for their Execrable Treasons in Sentencing to death or Signing the Instrument for the Horrid Murther or being instrumental in taking away the precious Life of Our late Soveraign Lord CHARLES the First of Glorious Memory are left to be proceeded against as Traytors to His late Majestie according to the Laws of England and are out of this present Act wholly Excepted and Foreprized But in regard the said Owen Row Augustine Garland Edmond Harvey Henry Smith Henry Martin Sir Hardresse Waller Robert Titchborn George Fleetwood James Temple Thomas Wait Simon Meyn William Heveningham Isaac Penington Peter Temple Robert Lilburn Gilbert Millington Vincent Potter Thomas Wogan and John Downs 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 therein named who gave Judgement and Assisted in the said Horrid and Detestable Murther of our said late Soveraign to appear and render themselves and do pretend thereby to some favour upon some conceived doubtfull Words in the said Proclamation Be it Enacted by this present Parliament and the Authority of the same upon the humble desire 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 Titchborn George Fleetwood James Temple Thomas Wait Simon Meyn William Heveningham Isaac Peningon Peter Temple Robert Lilburn Gilbert Millington Vincent Potter Thomas Wogan and John Downs or any of them shall be legally Attained for the Horrid Treason and Murther aforesaid that then neverthelesse the Execution of the said Person and Persons so Attained shall be suspended until His Majesty by the Advise and Assent of the Lords and Commons in Parliament shall Order the Execution by Act of Parliament to be passed for that purpose Except also out of this present Act Oliver Cromwell deceased Henry Ireton deceased John Bradshaw deceased and Thomas Pride deceased Provided that nothing 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 Aleyn deceased Peregrin Pelham deceased John Moor deceased John Aldred alias Alured deceased Humphrey Edwards deceased Sir Gregory Nortin Baronet deceased John Venn deceased Thomas Andrews Alderman deceased Ambony Stapely deceased Thomas Horton deceased John Fry deceased Thomas Hamond deceased Sir John Bourchier deceased of and from such Pains Penalties and Forfeitures as by one other Act of Parliament intended to be hereafter passed for that purpose shall be Expressed and Declared And also except out of this present Act William Lord Mounson James Challoner Sir Henry Mildmay Sir James Harrington John Pbelps and Robert Wallop All which Persons did Act and Sir in that Trayterous assembly which in the month of January 1648. acted and proceeded against the life of our late Soveraign King Charles the first of Blessed Memory and are therefore reserved to such Pains Penalties and Forfeitures not extending to Life as by another Act intended to be passed for that purpose shall be Imposed on them And also except Sir Arthur Hesilrigg for and in respect only of such Pains Penalties and Forfeitures not extending to Life as by one Act intended to be hereafter passed for that purpose shall be Inflicted and Imposed Provided alwaies That John Hutchinson Esq and Francis Lassells shall be and are hereby made for ever incapable to Execute any Place or Office of Trust Civil or Military within this Kingdom And that the said Francis Lassells shall pay unto our Soveraign Lord the King One full years value of his Estate any thing herein before contained to the contrary notwithstanding Provided alwaies That this Act or any thing therein 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 shall be out of this present Act wholly Excepted and Foreprized Provided that if William Lenthal William Burton Oliver St. John John Ireton Alderman Col. William Sydenham Col. John De●horow John Blackwell of Moreclack Christopher Pack Alderman Richard Keeble Charles Fleetwood John Pyne Richard Dean Major Richard Creed Philip Nye Clerk John Goodwin Clerk Sir Gilbert Pickering Col. Thomas Lister and Col. Ralph ●obbet shall after the First day of September 1660. accept or exercise any Office Ecclesiastical Civil or Military or any other publique Employment within this Kingdom of England Dominion of Wales or Town of Berwick upon Tweed that then such Person or Persons as do so accept or execute as aforesaid shall to all intents and purposes in Law stand as if he or they had been totally excepted by name in this Act. 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 Illegal and Tyrannical High Courts of Justice in England or Wales or signed the Warrant for Execution of any Person there condemned except Col. Richard Ingolsby and Col. Matthew Tomlinson shall be and are hereby made incapable of bearing any Office Ecclesiastical Civil or Military within the Kingdom of England or Dominion of Wales or of serving as a Member in any Parliament after the First day of September One thousand six hundred and sixty Provided also and it is Enacted That all and every the Persons appointed Trustees in a late pretended Act or Ordinance made in the year of our Lord One thousand six hundred forty nine for and concerning Tithes appropriate Oblations Obventions Pensions Portions of Tithes appropriate Offerings Fee-farm Rents issuing out of the Tithes therein mentioned First-fruits and other things and Enacted or mentioned to be Enacted to be vested setled adjudged or deemed to be in the actual Seisin or Possession of such Person and Persons in the said pretended Act or Ordinance mentioned and their Heirs shall account for and be responsible for all Rents and Profits of the Premises which came to their hands and have not been 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 Act Order or Ordinance made in the years of our Lord 1650. 1654. and 1656 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 Occopiers and Tenants of the premises who have taken the premises or profits thereof into their hands without agreement to pay Rent therefore and have
made no account or satisfaction to the Trustees aforesaid or to some other by their Order and also the persons who have held the same or taken the profits thereof under any agreement to pay Rent or Money for the same and have not paid the same shall respectively account pay and make satisfaction for so much of the premises and profits of the premises as are unsatisfied or unaccounted for as aforesaid and pay such arrerages of Rents or Money as by such agreement remaineth upaid by them all which payments and accounts shall be made to such persons and in such manner as in Parliament shall be directed Nevertheless it is not hereby intended That any Minister Schoolmaster or other person for whose benefit or maintenance the said pretended Acts or Ordinances were made shall be accountable or lyable to make satisfaction for any profits rents or sums of Monie 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 Provided also that this Act do not extend to Pardon any Bond taken in his late Majesties Name before the Moneth of May One thousand six hundred forty two for securing the proper dept of any Servant or Receive of the Revenue of His said late Majesty that hath not been paid to or by Order of some lawfull or pretended Authority And whereas by an Order of the six and twenty day of May in the year One thousand six hundred forty one the then House of Commons in Parliament did accept the sum of One hundred and fifty thousand pounds as a composition from the Farmers of several Customes Voted to be Illegally taken and some of the said Farmers did procure and pay the said whole sum 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 against 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 thereof 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 moneys from the Subject under pretence of such Customes or have been under-sharers with the Patentees ought to be made liable to Restitution It is therefore Provided That this Act shall not extend nor be construed to extend to Pardon or Indemnifie any Person or Persons their Heirs Executors Administrators or Assignes who have not paid their proportions of the said One hundred and fifty thousand pounds or ought to have been contributary thereunto from or against Misdemeanors or offences relating to the said Customs or from payment of their Proportions But that the Estates of the dead aswell as of the living of such who ought to have been Contributary in whose possession soever Purchasers Bona fide and upon valuable considerations only 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 been made any thing herein contained to the contrary notwithstanding Provided also That this Act or any thing therein contained shall not extend or be construed to Pardon or Discharge any Sum or Sums of money due and Arrear for Excise of Beer Ale or other Native or Inland Commodity since the twenty fourth day of June One thousand six hundred fifty and nine Provided also That nothing in this Act contained shall Extend to the Pardoning or Discharging of any sum or sums of money due from any Officers or Soldiers to any of the Subjects of this Kingdom for Free quarter since the Second day of July One thousand six hundred fifty and nine or to Discharge any moneys borrowed by any Officers for preventing of Free quarter Provided alwayes and be it Enacted by the Authority aforesaid That no Conveyance Assurance Grant Bargain Sale Charge Lease Assignment of Lease Grants and Surrenrenders by Coppy of Court-roll Estate Interest Trust or Limitation of any use or uses of any Mannors Lands Tenements or Hereditaments not being the Lands nor Hereditaments of the late King Queen Prince or any Arch-bishops Bishops Deans Deans 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 Bodies Politique or Corporate before the nine and twentieth day of September One thousand six hundred fifty and nine by any of the Persons before in this Act by name excepted or their Heirs or by any other Person or Persons claiming by from or under them or any of them other then the Wife or Wives Childe Children Heir and Heirs 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 twentieth 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 Bodies 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 Purchasors-Grantees Lessees Assignees Cestuy que use Cestuy que trust and every of them their Heirs Executors Administrators and Assignes respectively as if this Act had not been made and as if the said Person or Persons had not been excepted attainted or Convicted any Law Statute Usage or Custom to the contrary thereof in any wise notwithstanding Provided always That this Act nor any thing therein contained shall not extend to Indemnifie any Person or Persons whatsoever who have entred into any Messuages Lands Tenements and Hereditaments called Fabrick Lands or possest themselves of any Rent or Revenues given for the repair ●f any Cathedral or other Church or who have Sacrilegiously enriched themselves by converting the Plate or Utensils and Materials of or belonging to such Churches to their own private use and advantage for or in respect of the said Crimes only