AN ACT OF INDEMPNITY AND Free Pardon.
ORdered by the Parliament, That this Act be forthwith Printed and Publiſhed.
LONDON: Printed by John Field and Henry Hills, Printers to the Parliament.
And are to be ſold at the ſeven Stars in Fleet-ſtreet, over againſt Dunſtans Church, 1659.
IT having pleaſed Almighty God, after a violent & illegal Interruption, to reſtore the Parliament of this Commonwealth to its former Station, and with it to revive and reeſtabliſh the Government of theſe Nations in the way of a Free State, without a King, Single Perſon, or Houſe of Peers. And whereas, during the ſaid Interruption, and the various Changes and Alterations which followed, many things have been Attempted, Done, and Acted, inconſiſtent with the Intereſt of this Commonwealth, and contrary to Law, of which notwithſtanding, the Parliament being deſirous, by all good ways and means, and with all convenient ſpeed, to remove all Iealouſies, Doubts, Diſtruſts, and Fears, which may remain upon the2 hearts of many of the people of theſe Nations, in reference to ſuch their by-paſt Actings; and that their Mindes, Perſons, and Eſtates, may be Compoſed, Quieted, Setled, and Secured; and all Diſputes, Queſtions, and Troubles thereupon ariſing, and all diſpleaſure and evil will thereby occaſioned, may be Annulled, Extinguiſhed, and buried in perpetual Oblivion, ſo that the Government now again reſtored, may be chearfully complyed with,
Have Enacted and Ordained, and be it Enacted and Ordained by this Preſent Parliament, and by the Authority of the ſame, That all and every perſon and perſons, Bodies Politique and Corporate, of or within England, Scotland, and Ireland, or any of them, or the Dominions and Territories to them or any of them belonging, or appertaining, who have at any time ſince the nineteenth of April, in the year of our Lord One thouſand ſix hundred fifty three, and before the firſt of June, One thouſand ſix hundred fifty nine, Adviſed, Counſelled, Acted or done, or Commanded, or appointed to be acted or done, or have conſented to, permitted or ſuffered to be acted and done, any matter or thing whatſoever, tending to or concerning any change or alteration of the Government of theſe Nations, from a Commonwealth or Free-State, or tending to the abetting or countenancing ſuch change or alteration, or in purſuance of ſuch change or alteration, or by vertue or colour of any Authority derived mediately or immediately of or from any convention3 or aſſembly called or reputed a 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 or Chief Magiſtrate of this Commonwealth, or Commander in Chief of the Forces or Armies of this Commonwealth, or by any other Pretence, Warrant, Command or Commands whatſoever, from them or any of them, or their or either of their reſpective Councils, or any Member of ſuch Council or Councils, or from any other perſon or perſons whatſoever, Deriving Authority from them or any of them; That all and every ſuch perſon and perſons, and all ſuch Counſellors, Adviſors, Actors and abettors, their Heirs, Executors, and Adminiſtrators of them and every of them, and all Bodies. Corporate and Politique, and their Succeſſors, for ever ſhall be and are hereby fully acquitted, pardoned, releaſed, indempnified, diſcharged, and ſaved harmleſs, of and from all, and all manner of Treaſons, Miſpriſions of Treaſons, Offences, Crimes and Miſdemeanors whatſoever, by them, or any of them committed, acted, done, ſuffered or conſented unto, of what nature quality or kinde ſoever the perſons or crimes be, or may be deemed, in reference to the ſeveral changes in Government and actings thereupon, as aforeſaid, ſince the firſt day of April, in the year of our Lord One thouſand ſix hundred fifty three, and before the firſt day of June,4 One thouſand ſix hundred fifty nine, and of all and all manner of Indictments, Impeachments, Informations, Actions, Suits, Proſecutions, Iudgements, Executions, Moleſtations and Demands whatſoever, for or by reaſon of or concerning the ſame, be it either for or on the behalf of the Keepers of the Liberty of England, by Authority of Parliament, or the Parliament of this Commonwealth, or by, for, or on the behalf of any perſon or perſons whatſoever, for or concerning the ſame.
And alſo, Be it Enacted, by the Authority aforeſaid, That this Act and Free Pardon ſhall be as good and effectual in the Law, to every the perſons aforeſaid, in, for, concerning and againſt all things before mentioned or intended, as the ſame Pardon ſhould have been, if all and every the offences, Offenders, Crimes, Cauſes, Matters, Indictments, Impeachments, Informations, Actions, Suits, Quarrels, Iudgements, Executions, Penalties, and all other things herein contained, or concerned, had been particularly, ſpecially and plainly named, rehearſed and ſpecified, and alſo Acquitted, Pardoned and diſcharged, by proper and expreſs words and names in their kindes, natures and qualities, by words and terms thereunto requiſite to have been put in and expreſſed in this preſent Act of Free Pardon.
And furthermore, That the ſaid Pardon by the General Words, Clauſes, and Sentences before rehearſed, ſhall be Reputed,5 Deemed, Adjudged, Expounded, Allowed, and taken in all manner of Courts of Iuſtice, and elſewhere, moſt beneficial and available to all and ſingular the perſons before Meant, Mentioned, or Intended, and to every of them, without any Ambiguity, Queſtion or Delay whatſoever, to be Made, Pleaded, Objected, or Alledged, by the Attourney General of the Commonwealth, or by any perſon or perſons, for, or on the behalf of the ſaid Keepers of the Liberty of England, or on the behalf of the Parliament, or on the behalf of any other perſon or perſons whatſoever.
And be it further Enacted and Declared, That all Fines, Recoveries, Verdicts, Iudgements, Statutes, Recognizances, Inquiſitions, Indictments, Preſentments, Informations, Decrees, Sentences, Probates of Wills, Granting of Letters of Adminiſtration, Writs, Returns of Writs, Orders, Acts, and other Proceedings relating to the adminiſtration of Iuſtice, according to Law or Equity, had, made, given, taken, or done, or Depending in the Courts of Chancery, Vpper-Bench, Common-Pleas, and Court of Exchequer, by any the Commiſſioners, Iudges, Sheriffs, Coroners, or Miniſters thereof reſpectively, or by any other the Iudges, Commiſſioners, or Miniſters of any Court of Record, Court of Admiralty, or Delegates, or other Court of Law or Equity, or by, or upon Commiſſions of Aſſize, and Niſi prius of Oyer and6 Terminer, Goal-Delivery, Commiſſions of the Peace, or upon any Commiſſion of Sewers, Bankrupts, Charitable Vſes, or other Commiſſions relating as aforeſaid, and all Proceſs and Proceedings therein, or thereupon had, made, given, done, or ſuffered in England, Scotland, or Ireland, or either of them, or the Dominions and Territories to them, or either of them belonging or appertaining, ſince the Nineteenth day of April, in the year of our Lord, One thouſand ſix hundred fifty three, and before the Firſt day of June, One thouſand ſix hundred fifty nine, ſhall not be queſtioned, or avoided for want of Legal Power in the ſaid Commiſſioners, Iudges, and Miniſters reſpectively, or by reaſon of the Change or Alteration of the Name, Stile, Title, or Teſte of Writs, Proceſs or Proceedings; or that they have not been in the Name of, or before the Keepers of the Liberties of England, by authority of Parliament, but that ſuch Fines, Recoveries, Verdicts, Iudgements, Statutes, Commiſſions, Recognizances, Inquiſitions, Indictments, Preſentments, Informations, Decrees, Sentences, Probates of Wills, Adminiſtrations, Writs, Returns, Proceſs, and Proceedings, Orders, Acts, and Things as aforeſaid, ſhall be of ſuch, and of none other Force, Effect, and Vertue, then as if ſuch Commiſſioners, Iudges, and Miniſters reſpectively, had Acted by vertue of a True, Iuſt, Legal Power and Authority.
7Provided always, That this Act ſhall not extend to confirm or make good any pretended Title of Honor, Dignity or Knighthood, pretended to be conferred, given or granted by Writ, Patent or otherwiſe, to any perſon or perſons within England, Scotland or Ireland, or the Dominions and Territories thereunto belonging, ſince the ſaid nineteenth day of April, in the year of our Lord one thouſand ſix hundred fifty and three, and before the ſaid ſeventh day of May, in the year of our Lord one thouſand ſix hundred fifty nine; But that all and every ſuch pretended Titles of Honor, Dignities and Knighthood, are hereby declared to be null and void.
Provided alſo and be it Enacted, That thoſe Perſons who were eſteemed and taken to be Commiſsioners of the publique Treaſury, by colour or pretence of any Grant of that Office made unto them ſince the nineteenth of April, in the year of our Lord one thouſand ſix hundred fifty three, and before the ſeventh day of May, in the year of our Lord one thouſand ſix hundred fifty nine, ſhall be and are hereby Indempnified and Pardoned for ſuch Acts as have been done by them in purſuance or pretence of that Authority for the bringing in and iſſuing out of the publique Revenue of the Nation.
Provided alſo, That this Act ſhall not extend to make good or confirm the Grant8 of any Office or Place of Truſt given or granted, or pretended to be given or granted, by Patent, Charter, or otherwiſe, ſince the nineteenth day of April, in the year of our Lord one thouſand ſix hundred fifty three, and before the ſeventh day of May, in the year of our Lord one thouſand ſix hundred fifty nine; But that all ſuch be and are hereby declared to be in the diſpoſal of this Parliament, any thing in this Act to the contrary notwithſtanding, other then ſuch Offices and Places as have been diſpoſed by, or derived from any perſon or perſons who had Power to diſpoſe thereof by Authority of Parliament, before the twentieth day of April, in the year of our Lord one thouſand ſix hundred fifty three, although ſuch Places or Offices have been diſpoſed ſince.
Provided always, That this Act ſhall not extend nor be conſtrued to extend to any matter or thing exhibited, or depending in Parliament, ſince the ſeventh day of May, in the year of our Lord one thouſand ſix hundred fifty nine, and before the twelfth of July, one thouſand ſix hundred fifty nine, for their judgement or reſolution.
And be it further Enacted by the Authority aforeſaid, That all Moneys already paid for neceſſary Salaries and Allowances had or made to any perſon or perſons for the Adminiſtration of Iuſtice, or for the bringing in, or iſſuing out of the publique Revenue,9 or for the preſervation of the Commonwealth, by the Armies, Navies, or Garriſons, or for Augmentation, Increaſe of Maintenance, or Allowance to any Miniſters, Lecturers, Schoolmaſters, Members of Vniverſities, or Colledges, or to Ambaſſadors, or other publique Miniſters imployed into Forein parts, or for the carrying on of the Publique and neceſſary Affairs of the three Nations, ſhall be and are hereby made good and allowed, and the perſons who received the ſame, diſcharged and Indempnified.
And be it further Enacted, that all and every Perſon and Perſons, Bodies Politique and Corporate, compriſed within and intended to be Pardoned, or Indempnified by this preſent Act, or which are Pardoned, Indempified, or intended to be Pardoned or Indempnified by any other Act, Ordinance, or Order of this preſent Parliament, ſhall and may in all Suits, Indictments, or other proſecution, plead the general Iſſue, and give this Act, or any other of the ſaid Acts, Ordinances, or Orders of this preſent Parliament in Evidence; and if upon any Trial or other Proceedings, it ſhall appear to the Court, Iudge, Iudges or Iury, or other perſons before whom ſuch Trial or proceedings ſhall be had, that the party or parties claiming Indempnity or Pardon, ought to have Indempnity or Pardon according to the true intent and meaning of this preſent Act, and all or any the aforeſaid10 Acts, Ordinances, or Orders of this preſent Parliament, then ſuch Iudge, Iudges, Iury, and other Perſons, and every of them reſpectively, are hereby Authoriſed and required to allow the ſame, and him or them accordingly Indempnifie and diſcharge, according to ye true intent and meaning of the aforeſaid Acts, Ordinances, and Orders of Parliament, to all intents and purpoſes whatſoever, and are hereby Authoriſed and required to put in execution all and every the ſaid Powers, in as full and ample maner as any Committee or Commiſſioners for Indempnity by Authority of Parliament were enabled to do, and all perſons concerned therein, are hereby required and enjoyned to take notice hereof, and to yield obedience accordingly.
And be it further Enacted by the Authority aforeſaid, that in caſe any Suit is or was depending in any Court of Law or Equity, the Ninth day of July, in the year of our Lord, One thouſand ſix hundred fifty and nine, or before, for or concerning any matter, cauſe, or thing, acted or done by any perſon or perſons whatſoever, ſince the third day of November, in the year of our Lord, One thouſand ſix hundred and forty, for the ſervice and advantage of the Parliament or Commonwealth, and any Trial at Law is already had, or any Iudgement or Execution thereupon obtained againſt any Perſon or Perſons whatſoever for the ſame, that the Iudges of the ſaid11 Court, where any ſuch Suit or Cauſe is or was depending, are hereby Enabled, Authoriſed and Required to examine the ſame upon Oath, (which the ſaid Court is hereby Authoriſed to Adminiſter, to any witneſſes that ſhall be therein produced on either Party, upon Complaint to them to be made) and to give relief therein to all and every the perſons that are or have been ſo ſued, and ought to be Indempnified and Relieved, and alſo to give ſuch Coſts to him or them that ſhall be ſo Relieved therein, as to the ſaid Court ſhall be thought meet.
Provided always, That this Act nor any thing therein contained, ſhall be Adjudged, Conſtrued, or taken to Diſcharge or Indempnifie any perſon or perſons who have Farmed the Exciſe and New Impoſt, or Cuſtoms, or any part thereof, who have not payed in the Arrears of Money due to the Commonwealth, for the Rent or Rents of their reſpective Farms, or ſhall not pay in the ſame at ſuch days and times, as the Committee for Inſpection of the Treaſuries ſhall think fit, or otherwiſe that the ſaid Farmers ſhall have no benefit of this preſent Act,
Provided always, That no perſon of the age of ſixteen years and upwards, and being of ſane Memory, who ſhall Claim or Demand benefit of Indempnity or Pardon by virtue of this Act, be admitted thereunto,12 until it appear to ſuch perſon or perſons, before whom ſuch Claim or Demand is made, That the ſaid perſons ſo Claiming or Demanding, hath made and ſubſcribed, or ſhall then ſubſcribe this Declaration following; That is to ſay,
ORdered by the Parliament, That this Act be forthwith Printed and Publiſhed.
(EEBO-TCP ; phase 2, no. A82476)
Transcribed from: (Early English Books Online ; image set 169320)
Images scanned from microfilm: (Thomason Tracts ; 160:E1074[9])
Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford.
EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO.
EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org).
The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source.
Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data.
Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so.
Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor.
The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines.
Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements).
Keying and markup guidelines are available at the Text Creation Partnership web site.
This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this EEBO-TCP Phase II text, in whole or in part.