takes, towns, villages, hamlets, and tithings, and every of them, and the successor and successors of every of them, shall be and are by the authority of this present parliament acquitted, pardoned, released, indemnified and discharged against the King's majesty, his heirs and successors, and every of them of and from all manner of treasons, misprisions of treason, felonies, offences, contempts, trespasses, entries, wrongs, deceits, misdemeanors, forfeitures, penalties and sums of money, intrusions, mean profits, wardships, marriages, reliefs, liveries, ouster le mains, mean rates, respites of homage, fines, and seizures for alienation without licence, arrearages of rents, (other than the arrearages of rents due from the late farmers, or pretended farmers, of the excise or customs respectively, and other than such arrearages of rents or mean profits, 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 fruits, fines, postfines, issues and amerciaments, and all recognizances, bonds, or other securities given for payment of them or any of them, concealment of customs and excise, arrearages of purveyance, and of compositions for the same; and of and from all pains of deaths, pains corporal and pecuniary, and generally of and from all other things, causes quarrels, suits, judgments and executions in this present act hereafter not excepted nor foreprized, which may be or can be by his Majesty in any wise or by any means pardoned, before and unto the twenty fourth day of June in the year of our Lord one thousand six hundred and sixty, to every or any of his said subjects, bodies corporate, cities, boroughs, shires, ridings, hundreds, lathes, rapes, wapentakes, towns, villages and tithings, or any of them. VI. And be it further enacted by the authority aforesaid, That all grants and patents since the twenty fifth of March one thousand six hundred forty one, touching the wardship and custody of the body and lands, or touching the marriage of heir within age, and all mean profits yet unreceived and demandable by reason thereof, shall be and are hereby from henceforth discharged. any VII. And also the King's 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, indemnity and oblivion, shall be as good and effectual in the law to every of his said subjects, bodies 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, indemnity and oblivion should have been, if all offences, contempts, forfeitures, causes, matters, suits, 1660. 12 Car. II., Sec. 8. to be ex pounded in all courts most bene ficial for the subject. quarrels, judgments, executions, penalties, and all other things not hereafter in this present act excepted and foreprized, had been particularly, singularly, especially and plainly named, rehearsed and specified, and also pardoned by proper and express words and names, in their kinds, natures and qualities, by words and terms thereunto requisite to have been put in and expressed in this present act of free pardon, indemnity and oblivion: and that his said subjects, nor any of them, nor the heirs, executors or administrators of any of them, nor the said bodies corporate and others before named and rehearsed, nor any of them, be nor shall be sued, vexed or inquieted, by or on the behalf of the King's majesty, his heirs or successors, in their bodies, goods, chattels, lands or tenements, for any manner of matter, cause, contempt, misdemeanor, forfeiture, trespass, offence, or any other thing suffered, done or committed, before the said twenty fourth day of June one thousand six hundred and sixty, against his late majesty King Charles, or his Majesty that now is, his crown, dignity, prerogative, laws or statutes, but only for such matters, causes and offences, as be excepted and foreprized by this present act out of the same; any statute or statutes, laws, customs or usages heretofore had, made or used to the contrary in any wise notwithstanding; and that all and every the King's said subjects, and all and singular bodies corporate, and others before rehearsed, may by him or themselves, or by his or their deputy or deputies, or by his or their attorney or attornies, according to the laws of this realm, plead and minister this present act of free pardon for his or their discharge of or for any thing that is by virtue 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 judgments or other cause concerning such plea, writing or entry, but only sixteen pence to be paid to the officer or clerk that shall enter such plea, matter or judgment for the party's discharge in that behalf; any law, statute, usage, or custom to the contrary notwithstanding. VIII. And furthermore, the King's Majesty is contented and This pardon pleased, that it be enacted and be it enacted by the authority aforesaid, That this his said free pardon, indemnity and oblivion, by the general words, clauses and sentences before rehearsed shall be reputed, deemed, adjudged, expounded, allowed and taken, in all manner of courts of his Highness and elsewhere, most beneficial and available to all and singular the said subjects, bodies 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 what any soever it shall be, to be made, pleaded, objected or alledged by the King our sovereign lord, his heirs or successors, or by his or any of their general attorney or attorneys, or by any person or persons for his Highness, or any of his heirs or successors. IX. And furthermore, be it enacted by the King our sovereign lord and the authority aforesaid, That if officer or c'e k of any of his Highness courts, commonly called the chancery, King's bench and common pleas, or of his exchequer, or any other officer or clerk of any other of his Highness courts within this realm, at any time after the passing of this present act, make out or write out any manner of writs, process, summons or other precepts whereby any of the said subjects, or of the said bodies corporate, or others before rehearsed or any of them shall be in any wise arrested, attached distrained, summoned or otherwise vexed, inquieted or grieved, in his or their bodies, lands, tenements, goods or chattels, or in any of them, for or because of any manner of thing pardoned or discharged by virtue of this act of free pardon: or if any sheriff or escheator, or any of their deputy or deputies, or any bailiff or other officer whatsoever, by colour of his or their office or otherwise, after the passing of this present act, do 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 so offending, and thereof lawfully convicted or condemned by any sufficient testimony, witness or proof, shall yield and pay for recompence thereof to the party so grieved or offended thereby, his or their treble damages, besides all costs of the suit: and shall also forfeit and lose to the King's majesty for every such default ten pounds: and nevertheless, all and singular such writs, process and precepts so to be made for or upon any manner of thing pardoned or discharged by this present act of free pardon, indemnity and oblivion, shall be utterly void and of none effect. ge X. Except and always foreprized out of this free and neral pardon, all murders done or committed by any person or persons, other than such which are pardoned and discharged in the first clause of pardon above mentioned: and also excepted and always foreprized out of this general and free pardon, all and every the offences of piracy and robbery upon the seas, not done in relation to the differences and wars aforesaid, and every procuring 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 robbery upon the seas as aforesaid: and also excepted the detestable and abominable vice of buggery committed with mankind or beast and also 1660. 12 Car. II., excepted all rapes and carnal ravishments of women: and also excepted all ravishments and wilful taking away or marrying of any maid, widow or damsel against her will, or without the assent or agreement of her parents or such as then had her in custody; and also all offences of aiding, comforting, procuring and abetting of any such ravishment, wilful taking or marrying, had, committed or done: and also excepted all offences made felony by a certain act made and ordained, intituled, "An act to restrain all persons from marriages until their former wives and former husbands be dead:" and also except all offences of invocations, conjurations, witchcrafts, sorceries, inchantments and charms; and all offences of procuring, abetting or comforting of the same; and all persons now attainted or convicted of any of the said excepted offences: and also excepted all and singular the accounts of all and every person and persons appointed by any of the authorities or preAccounts of tended authorities aforesaid, to be treasurer, receiver, farmer Double marriages excepted. Witchcraft excepted. certain Treasurers and Re ceivers. Sec. 11. Proviso for the heirs of lands of accountants excepted. or collector, (other than the sub-collectors of the several parishes, towns and hamlets respectively, for and concerning their receipts before the four and twentieth day of June in the year of our Lord one thousand six hundred fifty nine) who have received or collected any subsidy custom, subsidy of tonnage and poundage, prize-goods, assessments, sequestration, new impost or excise, or of any the rents and revenues of any lands or hereditaments, of or belonging unto the late King, queen or Prince, or King that now is, or belonging unto the late archbishopricks, bishopricks, deans, or deans and chapters, canons, prebends, and other officers belonging to any cathedral or collegiate church, or popish recusants convict, or of persons sequestered for their recusancy, or other sequestered estates received or collected by or paid unto them since the thirtieth day of January in the year of our Lord one thousand six hundred forty two, and of all monies and other duties grown due or contracted upon the sale or disposition of them or any of them. XI. Provided, That the heirs, executors, administrators or tertenants of the lands of any accountant within this exception now deceased, shall not be charged with, nor liable unto any account for the matters in this exception mentioned, except for such sum or sums of money as remain due upon any of their accounts already stated and determined, and are not yet paid in: and that no accountant as abovesaid now living, shall be liable to make account of any sum or sums of money paid or disbursed, or otherwise allowed or discharged, by virtue or colour of any order or ordinance of both or either house or houses of parlia 1660. 12 Car. II., c. 11. ment, or any convention or assembly called or reputed, or taking on them the name of a parliament, or of Oliver Cromwell, pretended protector, or of Richard his son, while he continued or was stiled or obeyed as protector, or by any persons acting Sec. 11. 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 publick counsel, though having no legal authority so to do, or by their or any their order or orders, or direction. XII. It being further declared and enacted, and it is enacted by the authority aforesaid, That no person or persons shall be charged for any monies by him received for the fees, salaries and wages then allowed, or for monies by him disbursed upon any public use or pretence, though the direction or authority whereby the same money was issued, was not or be not legal and warrantable in law. XIII. And be it further provided, That no military or commissioned officer of the armies or navies, or soldier or mariner, who before the twenty-fifth of March one thousand six hundred fifty-nine hath received any monies for his own pay or the pay of other soldiers, or for any other contingencies of the soldiers or garrisons under his command, or by way of reward, shall be called to account therefore, year XIV. And that no person whatsoever shall be called to an account for any the matters in this exception mentioned, after the four and twentieth day of June which shall be in the of our Lord God one thousand six hundred sixty and two now next ensuing; and that in case any person who stands accountable for any monies received since the first of January one thousand six hundred forty two, and before the thirtieth of January one thousand six hundred forty eight, have been robbed or plundered by soldiers or others, of the monies in their hands, or of any notes or books of receipts or acquittances touching their payments or discharge, then the oath or oaths of such party or parties of the same respectively, shall be a good discharge for so much of their account: and that the oath of every accountant in or between the years one thousand six hundred forty-two, and one thousand six hundred fortyeight of what they have paid to any publick use, by or according to any publick or pretended order or authority whatsoever shall be a good discharge, as to so much of the account of such person or persons: and except all first fruits and tenths in the hands of any receiver not having disbursed as in the last exception is expressed. Sec. 12. Fees and salaries not to be accounted for. Sec. 13. Military payments not to be accounted for. Sec. 14. be called to account after the 14th June, 1662. |