All the ORDINANCES AND ORDERS OF THE LORDS and COMMONS Assembled in PARLIAMENT, For the Indempnity Or saving harmlesse all those that have Acted or done any thing by Sea or Land, by the Authority and for the Service of the PARLIAMENT.
ORdered by the Lords Assembled in Parliament, That these Ordinances and Orders for Indempnity, be forthwith printed and published.
Imprinted at London for John Wright at the Kings Head in the old Bayley. 1647.
Die Veneris 21 Maii, 1647. AN ORDINANCE OF THE LORDS and COMMONS Assembled in PARLIAMENT. For the Indempnity, or saving harmlesse all those that have acted or done any thing by Sea or Land by Authority of Parliament.
THe Lords and Commons taking notice, That divers well-affected persons have beene sued, indicted, prosecuted, or molested, and others are likely to be sued, indicted, prosecuted or molested for such acts and things which they have [Page 2] acted and done by Authority of this present Parliament, or for the service and benefit thereof, during these late Warres and Troubles, doe hereby Ordaine and Declare, and be it by authority of Parliament Ordained and Declared, That no person or persons whatsoever, who have since the beginning of this present Parliament acted or done, or commanded to be acted or done, any act or thing whatsoever by authority of this present Parliament, or for the service or benefit thereof, by Sea or by Land, ought to be sued, indicted, prosecuted, or molested, for the same; and that every such person or persons whatsoever are and shall be hereby fully acquitted and discharged of all Actions, Suits, Indictments, Informations, Prosecutions, Judgements, Executions, and Molestations whatsoever, for or concerning the same; and all Judges, Justices, Sheriffes, Mayors, Bailiffes, Jurors, Officers, and Ministers of Justice whatsoever are hereby required to take notice thereof, and duly to observe the same.
And for the ease of all such persons who are or shall be sued, Indicted, Prosecuted or Molested for any such Act or thing as is aforesaid, It is hereby Declared and Ordained, That in every Action, Suit, Indictment, Information, or Prosecution whatsoever, wherein or whereby they shall bee so sued, indicted, prosecuted, or molested, as is aforesaid, contrary to this Ordinance, It shall be lawfull to and for all persons aforesaid, their Heires, Executors, Administrators and Assignes, to plead the generall issue, that they are not guilty, or any other generall issue, as the case shall require, and shall and may give in [Page 3] evidence to the Jury that shall try the same, That the matter in question was an Act or thing acted or done, or commanded to be acted or done by authority of this present Parliament, or for the service or benefit thereof, which Evidence being proved, shall be admitted and allowed by the respective Judges, Judge, or Justice, or Justices & Jury before whom it shall be tried, as sufficient to maintaine the said generall issue: And if the Verdict shall passe, with the Defendant or Defendants in any Action, Bill, Plaint, or Suit, as is aforesaid, or the Plaintiffe or Plaintiffs shall be nonsuit therein, or suffer any discontinuance thereof, the respective Judges or Justices shall award unto the said Defendant or Defendants treble costs, for which the said Defendant or Defendants shall have the like remedy, as in the like Cases they ought to have by the Lawes of this Realme: And what any Judges, Justices, Sheriffes, Mayors, Bayliffes, Jurors, Officers and Ministers of Justice shall doe according to this Ordinance, or in pursuance thereof, they shall be justified and saved harmelesse by Authority of Parliament for and concerning the same.
And because such persons who have acted or commanded to be acted or done any such act or thing, as is aforesaid, may be poore, and not able to defend a Suit at Common Law, or may finde themselves agrieved in the proceedings thereof; now for a further and certaine reliefe of all such persons, It is hereby Ordained and Declared by the Authority aforesaid, That any such persons so sued, indicted, prosecuted, or molested, as is aforesaid, may at any time hereafter, when & as often as they shall be sued, [Page 4] indicted, prosecuted or molested for any such act or thing, as is aforesaid, either before or after a tryall at the Common Law, make their complaint to
ALgernon Earle of Northumberland, Henry Earle of Kent, Iohn Earle of Rutland, Philip Earle of Pembroke and Montgomery, Theophilus Earle of Lincolne, Charles Earle of Nottingham, James Earle of Suffolke, William Earle of Salisbury, Robert Earle of Warwicke, Bazell Earle of Denbigh, James Earle of Middlesex, Edward Earle of Manchester, Edmond Earle of Mulgrave, Henry Earle of Stamford, Walter Lord Viscount Hereford, William Lord Viscount Say and Seale, Charles Lord De-la-War, George Lord Berkley, Philip Lord Wharton, Francis Lord Willoughby, Dudley Lord North, John Lord Hunsdon, William Lord Grey of Warke, John Lord Robartes, Edward Lord Howard of Esc. Thomas Lord Bruce, Members of the House of Peeres.
Master Holles, Colonell Birch, Master Swynfen, Master Maynard, Master Bois, Colonell Purefey, Colonell Harvey, Master Recorder, Master Solicitor, Sir Philip Stapleton, Colonell Morley, Sir William Allenson, Colonell Massey, Master Whitlocke, Sir Gilbert Gerrard, Sir William Waller, Master Edwards, Master Challener, Lieutenant Generall Cromwell, Master Tate, Sir William Massam, Sir Samuel Luke, Master Lisle, Field Marshall Skippon, Master Francis Allen, Colonell Walton, Master Rigby, Sir John Maynard, Master Selden, Master Gott, Sir William Brereton, Master Grimston, Master Darley, Master Dove, Sir John Bampfield, Lord Menson, Sir Michael Livesey, Sir Thomas Widdrington, Sir Arthur Hasilrig, Master [Page 5] Bainton, Master Necholas, Master Weaver, Master Nathaniel Fiennes, Colonell Rainsborough, Major Harrison, Master Walter Long, Master Hallowes, Master Myles Corbet, Colonell Tompson, Master Drake, Sir Thomas Middleton, Master William Pierpoint, Members of the House of Commons, or any five of them, who are hereby constituted a Committee of Parliament, for the releife of all such persons, in such cases as is aforesaid. And the said Committee, or any five of them, are hereby authorized and required, to receive, heare, and determine such aforesaid Complaints; and to that end to examine Witnesses upon Oath; and to commit to safe custody (if they shall see cause) all such person or persons, who shall so sue, indict, prosecute, or molest, any person or persons whatsoever, for acting or doing any such Act or thing, as is aforesaid; And also to order and award to every such person or persons so sued, indicted, prosecuted, or molested, treble so much as they shall make appeare to the said Committee, that they have been dampnified by any such Suit, Indictment, Prosecution, or Molestation, as is aforesaid, if they have not before recovered the same by the proceedings at Common Law, according to this Ordinance. And that when the said Committee, or any five of them, shall have made any Order or Award, in such aforesaid cases respectively, that the said person or persons ought not to be sued, indicted, prosecuted, or molested, for such Act or thing respectively, then upon shewing the said Order or Award to the Solicitors, Atturnies, or Counsellors of the party or parties so suing, indicting, prosecuting, [Page 6] or molesting, as is aforesaid, the said Solicitors, Atturnies, and Counsellors, shall presently forbeare to prosecute, or assist, counsell, or advise the said Party or Parties to sue, indict, or prosecute any further, for such Act or thing respectively: And that if thereupon, they shall not forbeare so to do, the said Committee, or any five of them, are hereby authorized and required, to commit to safe custody any such Solicitors, Atturnies, or Counsellors, so offending as is aforesaid, if they shall see cause.
Provided alwaies that this Ordinance, nor any thing herein contained, shall not extend to discharge any such person or persons aforesaid, who have acted, or done, or commanded to be acted or done, any Act or thing by Authority of this present Parliament, or for the Service or benefit thereof, from making their true and just Accompts to any Commissioners or Committee of Parliament, appointed or to be appointed for that purpose, of what they have taken, received, or had, for the Service and benefit of the Parliament, as is aforesaid.
AN ADDITIONALL ORDINANCE OF THE LORDS and COMMONS Assembled in the PARLIAMENT OF ENGLAND, For the more full Indempnity of the Officers and Souldiers who have acted by Authority, and for the service of the PARLIAMENT.
And also enabling a Committee for Indempnity in the County of KENT, to put the said Ordinances in execution.
ORdered by the Lords Assembled in Parliament, That these Ordinances be forthwith printed and published.
Imprinted at London for John Wright at the Kings Head in the old Bayley. 1647.
Die Lunae. 7. Junii. 1647. An additionall Ordinance of the Lords and Commons assembled in the Parliament of England, for the more full indempnity of the Officers and Souldiers who have acted by Authority and for the service of the Parliament.
FOrasmuch as in the times of this late Warre, and publike distractions there have been many injuries done to private persons and other offences Committed by divers persons bearing Armes in the service of the Parliament, The Lords and Commons in Parliament assembled taking into their Consideration, That it is expedient that the injuries and offences aforesaid be pardoned & put in Oblivion rather than by pretence of prosecution against some few persons, a great number of such who have faithfully served the Parliament be brought into a continuall vexation for such [Page 10] Actions as the exigencie of Warre hath necessitated them unto, Do therefore Ordaine, and be it Ordained by the said Lords and Commons, That all persons who have committed any offences, trespasses, injuries, or other misdemeanors whatsoever, during such time as they have been employed in Armes, by or for the service of the Parliament, be, is, and are hereby discharged and pardoned of the same, and off and from all prosecution or damages therefore, either at the Suit of the King or the party grieved, and may in case he or they be questioned therefore, plead the generall Issue, and give this Ordinance in evidence, which shall be allowed to all intents and purposes as if the same were pleaded in Barre. And in case any shall prosecute any Action or Suit contrary to the Tenour of this Ordinance, against any person hereby discharged, after notice given that such person is hereby discharged, the defendant or defendants so prosecuted shall recover his and their cost against such Prosecutor.
Provided also that this Ordinance nor any thing herein contained, shall extend to discharge any such person or persons as aforesaid from making their true and just Accompts to any Committee or Committees of Parliament appointed or to be appointed for that purpose, of what they have taken, received, or had, for the service or benefit of the Parliament.
Die Sabbathi, 19 Iunii. 1647.
THe Lords and Commons in Parliament having well accepted the obedience and readinesse of those Officers and Souldiers who have complied with their Orders, have Ordered and Ordained, and by Authority aforesaid do Order and Ordaine, That all and every the said Officers and Souldiers aforesaid, shall be freed, exonerated, acquitted, and discharged, and are in and hereby declared and adjudged from henceforth to be free, exonerate, acquit, and discharged of and from all and whatsoever prosecution, judgement of life or member, paines, penalties, and punishments whatsoever incurred, or that shall, may, or can, might, could, should, or ought to be inflicted, prosecuted, had, or pursued against them or any of them, for or by reason of the said pretended offence or offences of their departure from their said Colours, or from under the Command of the said Sir Thomas Fairfax, or from or under the command of any Military Officer or Officers under him whatsoever.
Die Veneris, 24 Decemb. 1647. An Ordinance giving power to the Committee of Indempnity, to put in Execution the Ordinances concerning Apprentices Freedomes.
BE it Ordered and Ordained by the Lords and Commons Assembled in Parliament, That power be given to the Committee for Indempnity, to put in execution the severall Ordinances concerning Apprentices Freedomes that have served the Parliament in this late Warre, and to receive all complaints made upon them, and to give Redresse to the party grieved, and to allow Costs, Charges, and Damages, as they shall see cause, according to the power given them, in cases of Indempnity.
Die Iovis 20. Ianuarii 1647 An Ordinance of the Lords and Commons assembled in Parliament, For enabling a Committee in the County of Kent to put in execution all former Ordinances of Parliament concerning Indempnity.
THe Lords and Commons Assembled in Parliament, having by an Ordinance of Parliament of the one and twentieth day of May, 1647. And by an Additionall Ordinance of the seventh day of June last, provided for the saving harmlesse and indempnified all such Souldiers and others, as have acted by the Authority of Parliament, or for the service thereof. And finding by severall complaints made to them, that it is a great charge and trouble to very many poore Souldiers and others, to whom a due reliefe is intended by the said Ordinances, to make their repaires to the City of London, and to attend the Committee of Lords and Commons appointed by the said Ordinances for the execution thereof; The said Lords and Commons, in consideration thereof, have thought fit to Order and Ordaine; And is hereby Ordered and Ordained, That Sir John Rivers Knight and Baronet, [Page 14] and Sir Edward Moyns, Sir Thomas Style, Sir Richard Harders, Sir Thomas Peirce Baronets, Sir Anthony Welden, Sir John Honywood, Sir Nicholas Miller Knights, Thomas Plumer, Iohn Twesleton, Lambert Godfry, Richard Porter, George Newman, Thomas Seylard, William Iames, Richard Beale, Iohn Brown, William Skenner, William Boothby, William Kenwrick George Hall, Iohn Bix Esq Iohn Boys of Elminton, Robert Scot, Thomas Blunt, Esq Robert Hales Esq Sir Edward Masters Knight, Thomas Denne, Robert Ladd, Iohn Nutts Esq Sir Iames Oxinden Knight, Thomas Broadnex, Iohn Holland, Thomas Boys of Wilsbourgh Esq George Duke Esq Be and are hereby appointed to be a Committee for the County of Kent, for the putting in execution the severall Powers contained in the said Ordinances. And the said persons, or any five or more of them within the County aforesaid, are hereby authorized and appointed to take care from time to time duely to execute and performe the Powers given by the said Ordinances, as by the same is expressed and Ordained.