An act of free and general pardon, indemnity and oblivion
|An act of free and general pardon, indemnity and oblivion (1660)
|12 Car. II, cap. 11|
|Table of contents|
T H E King's most excellent Majesty, taking into his gracious and serious consideration the long and great troubles, discords and wars that have for many years past been in this kingdom, and that divers of his subjects are by occasion thereof, and likewise, fallen into and be obnoxious to great pain and penalties;[mn 1] (2) out of a hearty and pious desire to put an end to all suits and controversies that by occasion of the late distractions have arisen or may arise between ail his subjects; (3) and to the intent that no crime whatsoever committed against his Majesty or his royal father, shall hereafter rise in judgment, or be brought in question, against any of them to the least endamagement of them, either in their lives, liberties, esates, or to the prejudice of their reputations, by any reproach or term of distinction;[mn 2] (4) and to bury all feeds of future discords and remembrance of the former, as well in his own breast as in the breasts of his subjects one towards another: (5) and in performance of his royal and gracious word signified by his letters to the several houses of parliament now assembled, and his declarations in that behalf published, is pleased that it may be enacted; (6) and be it enacted by the King's most excellent Majesty, with the advice and consent of the lords and commons, in this present parliament assembled, first, That all and all manner of treasons, misprisions of treasons, murders, felonies, offences, crimes, contempts and misdemeanors, counselled, commanded, acted or done since the first day of January in the year of our Lord one thousand six hundred thirty-seven, by any person or persons before the twenty-fourth day of June in the year of our Lord one thousand six hundred and sixty, other than the persons hereafter by name excepted, in such manner as they are hereafter excepted, by virtue or colour of any command, power, authority, commission, warrant or instructions from his late Majesty King Charles, or his Majesty that now is, or from any other person or persons deriving or pretending to derive authority, mediately or immediately, from both or either of their Majesties, or by virtue or colour of any authority derived mediately or immediately of or from both houses or either house of parliament, or of or from any convention or assembly, called or reputed, or taking on them the name of a parliament, or by, from or under any authority stiled or known by the name of the keepers of liberty of England by authority of parliament, or by virtue 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 of the commonwealth of England, Scotland and Ireland, and the dominions thereunto belonging, or lord protector of the commonwealth of England, Scotland and Ireland, and the dominions and territories thereto belonging, or assuming the authority, or reputed to be chief magistrate of the commonwealth, or commander in chief of the forces or armies of this nation, by sea or land, or by any pretence, warrant or command whatsoever, from them or any of them, or their or either of their respective council or councils, or any member of such council or councils, or from any person or persons whatsoever deriving or pretending to derive authority from them or any of them, be pardoned, released, indemnified, discharged and put in utter oblivion.
II. And that all and every the person and persons acting, advising, assisting, abetting and counselling the same, they, their heirs, executors and administrators, (except as before is excepted) be and are hereby pardoned, released, acquitted, indemnified and discharged from the same; (2) and of and from all pains of death, and other pains, judgments, indictments, convictions, attainders, outlawries, penalties, escheats and forfeitures, therefore had or given, or that might accrue for the same: (3) and that all such judgments, indictments, convictions, attainder, outlawries, penalties, escheats and forfeitures, and every of them, and all grants thereupon made, and all estates derived under the same, be and are hereby declared and enabled to be from henceforth null and void: (4) and that all mean profits not yet received by such grantees, shall be and are hereby discharged: (5) and that all and every person and persons, bodies politick and corporate, their and every of their heirs, executors, administrators and successors, shall be and are hereby restored to all and every their lands, tenements and hereditaments, goods, chattels, and other things forfeited, which to his Majesty do or shall appertain by reason of any offence herein beforementioned, and not hereafter in this present act excepted and foreprized.
III. And be it further enacted, That all appeals, and all personal actions, suits, molestations and prosecutions whatsoever, for or by reason of any act of hostility, trespass, assault, imprisonment or breach of the peace, advised, counselled, commanded, appointed, happened, acted or done, by reason of the late troubles, or the late wars, in his Majesty's dominions, or relating thereunto, and all judgments and executions thereupon had before the first day of May in the year of our Lord one thousand six hundred fifty and eight, stand and be from henceforth discharged; (2) but not to restore to any person or persons any sums of money, mean profits or goods, already received or taken upon such execution, or to give any account for the same.
IV. And be it likewise enacted, That all appeals, and all personal actions and causes of such actions, suits, molestations and prosecutions whatsoever, for or by reason of any act or thing advised, counselled, commanded, acted or done, by virtue or colour of any authority or commission granted by his late Majesty, or his Majesty that now is, or by virtue or colour of any order or ordinance of one or both houses of parliament sitting at Westminster; or by any act or order made by any persons assuming the name of a parliament, and sitting as a parliament at Westminster, after the death of the late King Charles the First; or by the authority of the said keepers of the liberties of England; or by any ordinance of either of the late protectors and council; or by or upon any commission, writ, process or warrant, by them or any of them, or by authority derived from them or any of them: (2) and all demands of arrearages of rents, and mean profits of lands, tenements or hereditaments heretofore incurred or grown due, which have been paid, received or disposed by virtue or colour of any the authorities or pretended authorities aforesaid, other than such arrearages or mean profits as are or shall be otherwise disposed by any act or acts of this present session of parliament, be from henceforth discharged.
V.[mn 3] And it is further by the authority aforesaid enacted in the second place, That all and every the subjects of these his Majesty's realms of England and Ireland, the dominion of Wales, the isles of Jersey and Guernsey, and the town of Berwick upon Tweed, and other his Majesty's dominions, the heirs, executors and administrators of them, and every of them, and all and singular bodies in any manner of wise corporated, cities, boroughs, shires, ridings, hundreds, lathes, rapes, wapentakes, towns, villages, hamlets and tithings, and every of them, and the successor and successors of every or 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, respits 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, post-fines, 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; (2) and of and from all pains of death, 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.[mn 4] And be it further enacted by the authority aforesaid, That all grants and patents since the twenty-fifth of March one thousand and six hundred forty-one, touching the wardship and custody of the body and lands, or touching the marriage of any heir within age, and all mean profits yet unreceived and demandable by reason thereof, shall be and are hereby from henceforth discharged.
VII.[mn 5] 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 act, as well as the law to every of his said subjects, bodies corporate, and others if particularly 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, 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: (2) 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 beforenamed 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 wile notwithstanding; (3) 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.[mn 6] And furthermore, the King's majesty is contented and pleased, that it be enacted, and be it enacted by the authority aforefaid, 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 whatsoever 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 attornies, or by any person or persons for his Highness, or any of his heirs or successors.
IX.[mn 7] And furthermore, be it enacted by the King our sovereign lord and the authority aforesaid, That if any officer or clerk of his Highness courts, commonly called the chancery, King's bench and common pleas, or of his exchequer, or any disquiet or 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 put 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: (2) 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: (3) 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; (4) and shall also forfeit and lose to the King's majesty for every such default ten pounds: (5) 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.
X.[mn 8] Except and always foreprized out of this free and general 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; (2) and also excepted and always foreprized out of this general and free pardon, a and every 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: (3)and also excepted the detestable and abominable vice of buggery committed with mankind or beast: (4) and also excepted all rapes and carnal ravishments of women: (5) 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: (6) 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: (7) and also except all offences of invocations, conjurations, witchcrafts, sorceries, inchantments and charms; and all offences of procuring, abetting or comforting of the same; (8) and all persons now attainted or convicted of any of the said excepted offences: (9) and also excepted all and singular the accounts of all and every person and persons appointed by any of the authorities or pretended authorities aforesaid, to be treasurer, receiver, farmer 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 import 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 sequestred for their recusancy, or other sequestred 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.[mn 9] 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: (2) 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 parliament, 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 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.[mn 10] 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 publick 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.[mn 11] 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.
XIV.[mn 12] 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 year of our Lord God one thousand six hundred sixty and two now next ensuing; (2) 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: (3) and that the oath of every accountant in or between the years one thousand six hundred forty-two, and one thousand six hundred forty-eight, 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.
XV.[mn 13] Provided, That all and every judgment of discharge, or and quietus est had or given at any time upon any account in the publick exchequer, since the year one thousand six hundred forty-eight, be allowed and shall not be avoided; (2) except all accounts of the revenues of churches and vicarages in Wales and of churches in the county of Monmouth, and all judgments of discharge or quietus thereupon obtained: and also excepted out of this pardon all offences of bribery, perjury and the subornation of perjury or witnesses, and offences of forging or counterfeiting any deeds, debentures, bills of publick faith, escripts, wills or other writings whatsoever, or of any examinations or testimonies of any witness 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 counselling or procuring of any such counterfeiting or forging to be had or made:
XVI.[mn 14] And also excepted all offences in detaining, imbezilling and purloining any the goods, money, chattels or jewels of the gold of the late King, Qееn or Prince, or any of the children of the late King and Queen, other than shipping, stores and ammunitions of war, and other than 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.
XVII.[mn 15] And also excepted out of this pardon, all issues fines and amerciaments, rents and other publick duties, being levied, received or collected by any sheriff, under-sheriff, bailiff, 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 accounted for and discharged.
XVIII.[mn 16]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 seven and twentieth year of the reign of the late Queen Elizabeth, intituled, An act against Jesuits, seminary priests and other disobedient persons, or of any part thereof, and all outlawries, proceedings, judgments and executions for the same offences, or any of them.
XIX.[mn 17] Provided always, and be it enacted by the authority a foresaid, That it mall and may be lawful to and for all and every clerk and other officer of the courts at Westminster to award and make writs of capias utiagatum, at the suit of the party plaintiff, against such persons outlawed as be pardoned by this act to the intent to compel the defendant or defendants to make answer to the plaintiff or plaintiffs at whose suit he or they were outlawed; and that every person so outlawed shall sue out a writ of scire facias against the party or parties at whose suit he or they we're so outlawed, before this pardon in that behalf shall be allowed to him or them so outlawed.
XX.[mn 18] Provided, and be it enacted by the authority aforesaid, That this act of general pardon shall not in any wise extend to pardon any outlawries upon any writ of capias ad satisfaciendum, until such time as the party so outlawed shall satisfy or otherwise agree with the party at whose suit the same person was so outlawed or condemned.
XXI.[mn 19] And also excepted out of this pardon all informations and other proceedings depending, concerning any common highways or bridges, and all issues returned upon any process concerning the same, since the thirtieth day of January one thousand six hundred forty-eight, (2) except also all recognizances, obligations and other securities given or entered into since the five and twentieth of March one thousand six hundred and forty, by any receiver, reeve, bailiff, collector or other accountant in the court of the publick exchequer, and their sureties, and their accounts respectively.
XXII.[mn 20] 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.
XXIII.[mn 21]And be it further enacted by the authority aforesaid, That all acts of hostility and injuries, whether between the late King; and the lords and commons then in parliament assembled, or between any or the people of this nation, which did arise upon any action, attempt, assistance, counsel 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 honour of his Majesty, or upon the honour or authority of the parliament, or to the prejudice of any particular or private person, shall in no time from and after the four and twentieth day of June in the year of our Lord one thousand six hundred and sixty, 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 judgment or judicial proceedings.
XXIV.[mn 22] 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<--sic--> 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; (2) to be recovered by the party grieved, by action of debt to be therefore brought in any of his Majesty's courts of record, wherein no essoin, 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 months next after the offence committed; (3) 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.
XXV.[mn 23] Provided always, That this act, or any thing therein contained, shall not extend to 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 Westminster the third day of November in the sixteenth year of King Charles, intituled, An act for the speedy and effectual reducing of the rebels in his Majesty's kingdom 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 endure to restore to any person or persons, bodies politick or corporate, (other than the marquess of Ormond, lord steward of his Majesty's household, 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 named, mentioned or expressed in that behalf) any estate, liberties, franchises or hereditaments in England or Ireland, sold or disposed of by both or either houses of a parliament, or any convention assuming the style of name of a parliament, or any person or persons deriving authority from them or any of them, or which was approved or confirmed by them or any of them; nor to the mean profits, rents or contingencies of advantage of the same.
XXVI.[mn 24] And it is further provided and enacted, That every person or persons hereby pardoned, may plead the general issue without special pleading of this pardon, and give this act of pardon in evidence for his discharge, and that the same shall be thereupon allowed, and the advantage thereof had as fully to all intents and purposes, as if the same had been fully and well pleaded, and in such manner as any justice of the peace, constable or other officer, questioned for matters acted by them as officers, or in execution of their offices, may have advantage of the matter of their justification upon the general issue by them pleaded, by the laws and statutes of this kingdom.
XXVII.[mn 25] Provided also, That this act, nor any thing therein contained, shall extend or be interpreted to extend to pardon any person or persons whatsoever for any theft, or dealing of any goods, or other felonies, since the fourth day of March in the year of our Lord one thousand six hundred fifty and nine; any thing in this act contained to the contrary thereof in any wise notwithstanding.
XXVIII.[mn 26] Provided also, That neither this act, nor any thing therein contained, shall extend to acquit or discharge any person or persons from making restitution of all such rents, sums of money, horses, cattle or other goods, which by a certain act, or pretended act lately made, intituled, An act for repeal of two acts for sequestrations, are required to be restored to those from whom they were taken; (2) nor shall this present act be construed to disable or bar the respective owners or proprietors of and from their several and respective actions or suits at law or in equity, for or by reason of the said or any other rents, monies, horses, cattle or goods, which since the five and twentieth day of July one thousand six hundred fifty and nine have been by any person or persons wrongfully received or taken away, and for which the said wrong doers are not in any wise indemnified by the said or any other act of repeal.
XXIX.[mn 27] And be it further enacted by the authority aforesaid, That no person or persons who by virtue of any order or warrant, mediately or immediately derived from his late Majesty, or his Majesty that now is, or by virtue of any act, ordinance or order of any or both houses of parliament, or any of the authorities aforesaid, or any committee or committees acting under them or any of them, have seized, sequestred, levied, advanced or paid to any publick use, or into any publick treasury within this kingdom, any goods, chattels, debts, rents, sum or sums of money, belonging to any person or persons whatsoever, shall hereafter be sued, molested or drawn into question for the same, but that they and every of them shall be discharged against all persons, for so much and no more of the said goods, chattels, debts, rents, sum or sums of money, as their several and respective order of discharge or acquittances extend unto.
XXX.[mn 28] Provided also, That nothing herein contained shall extend to discharge any person or persons who have been by private order or instructions employed and intrusted, or have undertaken the employment, to receive any sum or sums of money for the King's majesty's service or supply, since the year one thousand six hundred forty and eight, from making their accounts for the same.
XXXI.[mn 29] Provided also, That this act shall not extend to pardon or discharge from account to the King's majesty any person or persons, for any sum or sums of money received for that illegal tax of decimation, or upon the account of any militia settled or acted in since one thousand six hundred forty and eight, and not accounted for or paid over, or discharged to or by any that had authority or pretended authority to discharge the respective receivers of the same.
XXXII.[mn 30] Provided also, That if any person or persons, being his Majesty's menial servant or servants, or having or pretending to have received particular instructions or directions from his Majesty, have, during the time of such his or their relation unto his Majesty, or whilst he or they were ailing or pretending to act for his Majesty's interest, in pursuance of the said instructions or directions, wilfully, maliciously and traiterously held intelligence with any foreign prince or princes, state оr state, or with any person or persons usurping supreme authority in this kingdom or other his Majesty's dominions, or with them or either of their ministers or agents, and without his Majesty's licence, and to the intent to betray his Majesty's person or councils, or have received any sum or sums of money, or pension for such treachery, that then such person or persons, as to the offence in this proviso mentioned, shall be and is here by excepted out of this act; any thing herein contained to the contrary notwithstanding; so as such person or persons be outlawed, or otherwise legally convicted of such offence or offences, within the space of two years from the five and twentieth day of April one thousand six hundred and sixty.
XXXIII.[mn 31] Provided, that this act of general pardon, or any therein contained, shall not extend to the pardoning or discharging of any debts or sums of money due to or for the excise of any goods or merchandize, whereof any entries have been made in the custom-house, which have grown due since the twenty-fifth day of March one thousand six hundred fifty and eight, or to the pardoning or discharging of any debts or sums of money due to the farmers or pretended farmers of excise, since the twenty-fifth day of March one thousand six hundred and fifty-seven.
XXXIV.[mn 32] Provided also, That this act, nor any thing there in contained, shall extend to pardon, discharge, or give any other benefit whatsoever unto John Lisle, William Say, Sir Hardress Waller, Valentine Walton, Thomas Harrison, Edward Whalley, William Heveningham, Isaac Pennington, Henry Martin, John Barkstead, Gilbert Millington, Edmond Ludlow, Sir Michael Livesey, Robert Titchbourn, Owen Row, Robert Lilbourn, Adrian Scrap, John Okey, John Hewson, William Goffe, Cornelius Holland, Thomas Challoner, John Carew, John Jones, Miles Corbet, Henry Smith, Gregory Clement, Thomas Wogan, Edmond Harvey, Thomas Scot, William Cawley, John Downs, Nicholas Love, Vincent Potter, Augustine Garland, John Dixwel, George Fleetwood, Simon Meyn, James Temple, Peter Temple, Daniel Blagrave, Thomas Wait, John Cook, Andrew Broughton, Edward Dendy, William Hewlett, Hugh Peters, Francis Hacker, Daniel Axtel, nor any of them, nor to those two persons, or either of them, who being disguised by frocks and vizors, did appear upon the scaffold erected before Whitehall upon the thirtieth of January one thousand six hundred forty and eight: (2) all which persons for their execrable treason in sentencing to death, or signing the instrument for the horrid murder, or being instrumental in taking away the precious life of our late sovereign lord Charles the First, of glorious memory, are left to be proceeded against as traitors to his late Majesty according to the laws of England, and are out of this present аll wholly excepted and foreprized.
XXXV.[mn 33] But in regard the said Owen Row, Augustine Garland, Edmond Harvey, Henry Smith, Henry Martin, Sir Hardress Waller, Robert Titchbourn, George Fleetwood, James Temple, Thomas Wait, Simon Meyn, William Heveningham, Isaac Pennington, Peter Temple, Robert Lilbourn, 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 judgment and assisted in the said horrid and detestable murder of our said late sovereign, to appear and render themselves) and do pretend thereby to some favour, upon same connived doubtful wards in the said proclamation;
XXXVI. Be it enacted by this present parliament, and the authority of the same, (upon the humble desires of the lords and commons in parliament assembled) That if the said Owen Row, Augustine Garland, Edmond Harvey, Henry Smith, Henry Martin, Sir Hardrefs Waller, Robert Titchbourn, George Fleetwood, James Temple, Thomas Wait, Simon Meyn, William Heveningham, Isaac Pennington, Peter Temple, Robert Lilbourn, Gilbert Millington, Vincent Potter, Thomas Wogan, and John Downs, or any of them, shall be legally attainted for the horrid treason and murder aforesaid; that then nevertheless the execution of the said person and persons so attainted shall be suspended, until his Majesty by the advice and assent of the lords and commons in parliament shall order the execution, by act of parliament to be passed for that purpose.
XXXVIII.[mn 34] 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 Mauleverer, baronet, deceased, William Purefoy deceased, John Blakiston deceased, Sir William Constable, baronet, deceased, Richard Dean deceased, Francis Allen deceased, Peregrine Pelham deceased, John Moor deceased, John Aldred, alias Alured, deceased, Humphry Edwards deceased, Sir Gregory Norton, baronet, deceased, John Pain deceased, Thomas Andrews, alderman, deceased, Anthony 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.
XXXIX.[mn 35] And also excepted out of this present act, William lord Monson, James Challoner, Sir Henry Mildmay, Sir James Harrington, John Phelps and Robert Wallop; all which such persons did act and sit in that traiterous assembly which in the month of January one thousand six hundred forty-eight acted and proceeded against the life of our late sovereign 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.
XL.[mn 36] And also except Sir Arthur Hasilrig, 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.
XLI.[mn 37] Provided always, That John Hutchison, esq; and Francis Lassels, shall be and are hereby made for ever uncapable to execute any place or office of trust civil or military within this kingdom: and that the said Francis Lassels shall pay unto our sovereign lord the King one full year's value of his estate; any thing herein before contained to the contrary notwithstanding.
XLII.[mn 38]Provided always, 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 foreprised.
XLIII.[mn 39] Provided, That if William Lenthal, William Burton, Oliver Saint-John, John Ireton, alderman, colonel William Sydenham, colonel John Desborow, John Blackwell of Morclack, Christopher Pack alderman, Richard Keeble, Charles Fleetwood, Richard Dean, major Richard Creed, Philip Nye, clerk, John Goodwyn, clerk, Sir Gilbert Pickering, colonel Thomas Lyster, and colonel Ralph Cobbet, shall after the first day of September one thousand six hundred and sixty, accept or exercise any office ecclesiastical, civil or military, or any other publick imployment, 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 aforefaid, shall to all intents and purposes in law stand as if he or they had been totally excepted by name in this act. 25 Car. 2. c. 5.
XLIV.[mn 40] Provided like wise, That all those who since the fifth 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 colonel Richard Ingoldsby and colonel 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.
XLV.[mn 41] 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, settled 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 premisses 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 one thousand six hundred fifty, one thousand six hundred fifty-four, and one thousand six hundred fifty-six, by any assembly called or reputed a parliament, or assuming the power of a parliament, according to the intention of such act, acts or ordinances: (2) and the agents and receivers under the order of the said trustees, and the occupiers and tenants of the premisses who have taken the premisses 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; (3) 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 premisses, and profits of the premisses, as are unsatisfied or unaccounted for, as aforesaid, and pay such arrearages of rents or money, as by such agreement remaineth unpaid by them; (4) all which payments and accounts shall be made to such persons, and in such manner as in parliament shall be directed: (5) nevertheless, it is not hereby intended that any minister, school-master or other person, for whose benefit and maintenance the said pretended acts or ordinances were made, shall be accountable or liable to make satisfaction for any profits, rents or sums of money paid to or taken by them respectively, by virtue or colour of any order or appointment of the said trustees, or any of them, or otherwise.
XLVI.[mn 42] Provided also, That this act do not extend to pardon any bond taken in his late Majesty's name before the month of May one thousand six hundred forty-two, for securing the proper debt of any servant or receiver of the revenue of his said late Majesty, that hath not been paid to, or by order of some lawful or pretended authority. And whereas by an order of the six and twentieth 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 customs voted to be illegally taken, and some of the said farmers did procure and pay the said whole sum of 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 off such persons, living or dead, as have by colour of any patent received monies from the subject, under pretence of such customs, or have been under-sharers with the patentees, ought to be made liable to restitution:
XLVII.[mn 43] It is therefore provided, That this act shall not extend, nor be construed to extend, to pardon or indemnify any person or persons, their heirs, executors, adminirtrators or assigns who have not paid their proportions of the said one hundred and fifty thousand pounds, or ought to have been contributory 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, as well as of the living, of such who ought to have been contributory, 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.
XLVIII.[mn 44] 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.
XLIX.[mn 45] 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 and 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 monies borrowed by any officers for preventing of free quarter.
L.[mn 46] Provided always, and be it enacted by the authority aforesaid, That no conveyance, assurance, grant, bargain, sale, charge, lease, assignment of lease, grants and surrenders by copy of court-roll, estate, interest, trust or limitation of any use or uses enjoy of any manors, lands, tenements or hereditaments, not being the lands nor hereditaments of the late King, Queen, Prince, or of any archbishops, bishops, deans, deans or chapters, nor being lands or hereditaments sold or given, or appointed to be aid or given, for the delinquency, or pretended delinquency or any person or persons whatsoever, by virtue 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: (2) nor any statute, judgment or recognizance, had, made, acknowledged or suffered to any person or persons, bodies politick 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 than the wife or wives, child, children, heir or 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 aforefaid, in trust and for the benefit of any other, person or persons, bodies politick 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; (3) but that the same shall be held and enjoyed by the purchasers, grantees, essees, assigns, cestuy que use, cestuy que trust, and every of them, their heirs, executors, administrators and assigns 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 not withstanding.
LI.[mn 47] Provided always, That this act, nor any thing therein contained shall not extend to indemnify any person or persons whatsoever, who have entred into any messuages, lands, tenements and hereditaments, called fabrick lands, or possess themselves of any rent or revenues given for the repair of any cathedral or ther 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. 13 Car. 2. stat. I. c. 7.
- Margin notes
- Preamble: The causes and ends of this pardon and indemnity.
- Preamble: The general pardon.
- Sec. V. All appeals, personal actions and suits, pardoned.
- Sec. VI. Wardships and mean profits unreceived.
- Sec. VII. All things not excepted shall be pardoned by the general words of this act, as well as if particularly named.
- Sec. VIII. This pardon &c. to be expounded in all courts most beneficial for the subject.
- Sec. IX. The penalty of any officer, &c. that shall go about to disquiet or trouble any person pardoned by this act.
- Sec. X. Exceptions out of this pardon. All murders not comprised in the first clause of this pardon excepted. Piracy excepted. Buggery. Rape and the wilful taking away any maid excepted. Double marriages excepted Witchcraft excepted I. Jac. I. C. II. Accounts of certain treasures and receivers. 13 Car. 2. Stat. I. C. 3.
- Sec. XI. Proviso for the heirs, &c. of lands of accountants excepted.
- Sec. XII. Fees and salaries, &c. not to be accounted for.
- Sec. XIII. Military payments not to be accounted for.
- Sec. XIV. No person to be called to an account after 14th of June 1662.
- Sec. XV. Discharges and quietus est given in the exchequer. Accounts of the revenues of churches in Wales. Bribery, subornation, forging, debentures, &c. witnesses.
- Sec. XVI. Imbezilling and purloining the King's goods.
- Sec. XVII. Issues, fines, amerciaments received by sheriffs
- Sec. XVIII. Jesuits, seminaries and Romish priests excepted. 27 Eliz. c. 2.
- Sec. XIX. Writs of capias utiagatum may be directed against any person. The party outlawed may sue out a scire facias against the plaintiff.
- Sec. XX. Persons outlawed upon capias ad satisfaciendum, &c.
- Sec. XXI. Information and proceedings concerning highways &c. excepted. 25 Car. 2.c. 5.s. 19.
- Sec. XXII. Obligation and recognizance not forfeited.
- Sec. XXIII. All acts of hostility, injuries &c. between the King and his parliament to be put in perpetual oblivion.
- Sec. XXIV. The penalty upon any person that shall within three years use any words of reproach or disgrace, tending to revive the memory of the late differences.
- Sec. XXV. Persons plotting or designing the irish rebellion excepted. 16 Car. I. C. 33.
- Sec. XXVI. Every person pardoned may plead the general issue.
- Sec. XXVII. Thefts and felonies since the 4th March 1659. excepted.
- Sec. XXVIII. This act not to extend to goods to be restored upon the act for repeal of two act for sequestrations.
- Sec. XXIX. Goods, &c. sequestred and actually paid into any publick treasury.
- Sec. XXX. Persons who have received privately for his Majesty supply, to account.
- Sec. XXXI. Monies received upon decimation not pardoned
- Sec. XXXII. Persons that have had directions or instructions for his Majesty, and have betrayed their trust, or his councils excepted.
- Sec. XXXIII. Duties of excise, and from farmers thereof, excepted.
- Sec. XXXIV. Persons excepted by name.
- Sec. XXXV. Persons that appeared and rendered themselves.
- Sec. XXXVIII. The lands and goods of the persons rendering themselves not excepted.
- Sec. XXXIX. Persons excepted for for there penalties not extending to life. 13 Car2.stat.I.c. 15.
- Sec. XL. Sir Arthur Hasilrig.
- Sec. XLI. Persons made incapable of any office.
- Sec. XLII. Sir Henry Vane, John Lambert excepted.
- Sec. XLIII. Penalty of certain persons, if they shall after the first of Sept. 1660. accept any office.
- Sec. XLIV. Persons that that gave sentence upon any illegal high courts of justice.
- Sec. XLV. Persons intrusted by ordinance 1649. about tithes, shall be accountable.
- Sec. XLVI. Bonds taken in his Majesty's name before May 1642 for securities of any his Majesty's receivers, not pardoned. &c.
- Sec. XLVII. Payments upon proportions of 150000l customs.
- Sec. XLVIII. Arrears of excise upon beer and ale.
- Sec. XLIX. Monies due for free quarter.
- Sec. L. Purchasers bona fide of lands, other than the King's &c to enjoy their purchases.
- Sec. LI. Fabrick lands, church goods and utensils
- endamagement: Damage; injury; harm
- hereditaments: Anything capable of being inherited (legal-dictionary.thefreedictionary.com)
- arrearages: "Money remaining unpaid after it becomes due" (legal-dictionary.thefreedictionary.com)
- ouster le mains "signified a livery of lands out of the hands of the lord, after the tenant came of age." (legal-dictionary.thefreedictionary.com)
- amerciaments: "A pecuniary punishment arbitrarily imposed by some lord" (legal-dictionary.thefreedictionary.com)
- terre-tenant: "One who has the actual possession of land; but in a more technical sense, he who is seised of the land; and, in the latter sense the owner of the land, or the person seised, is the terre-tenant, and not the lessee."(legal-dictionary.thefreedictionary.com)
- capias utiagatum is a writ of outlawry ("Francis Bacon The Temper Of A Man" by John Ramsy. p. 91)
- capias ad satisfaciendum is "a writ or process commanding an officer to place a person (as a debtor) under civil arrest until a claim is satisfied" (FindLaw->Law Dictionary)
- imparlance: "time given by the court to either party to answer the pleading of his opponent" (legal-dictionary.thefreedictionary.com)
- The last phrase is in Willis-Bund and the edition held by the Stanford University Library of the The Statutes at Large from the Thirty-ninth of Q. Elixabeth, to the Twelth Year of K. Charles II inclusive Vol. VII. by Danby Pickering, 1763 (see p. 428), but not the edition held by the Library of the University of Michigan with the same title and printing date (see p. 428)
- J. W. Willis-Bund footnotes See 13 Car. II. Stat. 1, C. 15, post.
- obvention: "The act of happening incidentally; that which happens casually; an incidental advantage; an occasional offering."
- Danby Pickering. The Statutes at Large: From the Magna Charta, to the End of the Eleventh Parliament of Great Britain, Anno 1761, J. Bentham, 1763, copy in the Library of Stanford University pp. 419–435
- Danby Pickering. The Statutes at Large: From the Magna Charta, to the End of the Eleventh Parliament of Great Britain, Anno 1761, J. Bentham, 1763, copy in the Library of the University of Michigan, pp. 419–435
- J. W. Willis-Bund. A Selection of Cases from the State Trials. Vol. II, Part I. Trials for Treason (1660–1678)], pp. 20–39
- Further reading
- Charles II, 1660: An Act of Free and Generall Pardon Indemnity and Oblivion., Statutes of the Realm: volume 5: 1628-80 (1819), pp. 226-34. British History Online, Date accessed: 10 November 2009.
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