BE it Enacted by Autho­rity of Parliament, and it is hereby ordained and ap­pointed, That a Sessions for the County of Durham shall be holden and kept at the City of Durham in the said County, upon the Eighth day of August now next coming, being in this present year One thousand six hundred fifty and nine, and that Francis Thorpe, one of the Iudges of this Commonwealth, and John Parker one other of the Iudges of this Common­wealth, shall be Iustices of the said Sessions for the said County, and that all Actions, as well real as personal, and all other Acti­ons mixt or otherwise, and all Pleas, Pro­cepts, Writs, Process, Demurrers, Recogni­zances, Fines, Recoveries, and all other Proceedings, matters and things which were depending in the Court of Pleas at Durham, upon the Two and Twentieth [Page 2] day of August One thousand six hundred forty two, or at any time since, and are now discontinued and put without day by not coming of the Iustices, or otherwise, shall be and stand revived, continued, and of as fall force and effect in Law, to all intents and purposes, as they were the said Two and Twentieth day of August, One thou­sand six hundred forty two, or at any time since, and as if the same had been taken and proceeded in before lawful Iustices. And that all such Process, Pleas, Demurrers, and Proceedings in every such Action, Actions, Suits, Bills or Plaints, which were de­pending upon the said Two and Twentieth of August, One thousand six hundred forty two, or any time since, shall stand good and effectual, and be proceeded in, and sued forth, in such maner and form, and be in the same plight, estate, condition and order, as if the same discontinuance, obstruction or hin­derance had never happened, any disconti­nuance, miscontinuance, putting without day, or not prosecuting of the same to the contrary notwithstanding. And that the said Iustices so assigned, or one of them, after such time as they shall have the Re­cords of the same Pleas and Process before them, shall have full Power and Autho­rity to continue the said Pleas, Process, and all things that depend upon them, and to hear and finally determine thereupon ac­cording as any other Iustice or Iustices of any Sessions heretofore held at Durham, before the said Two and Twentieth day [Page 3] of August, One thousand six hundred forty two, might or ought to have done, in case there had not been any obstruction, discon­tinuances, or not coming of the said Iusti­ces as aforesaid.

And be it further Enacted, That in all Actions now depending in the Court of Exchequer at Westminster, for any Matter or Cause arising within the said County of Durham, and now at Issue, or which shall be brought to Issue, before the said Eight of August, One thousand six hundred fifty and nine, the tenor of the Record thereof shall be sent by Mittimus, directed to the said Iustices of the said County of Durham, to be there tried according to the Law, and further to be proceeded in as the Law requires. And likewise that all Writs and Process, which have since the said Two and Twentieth day of August, One thousand six hundred forty two, Issued forth out of the several Courts of Vpper Bench, and Common Pleas at Westminster, directed to the Sheriff of the County of Durham, and all other Returns and other Proceedings thereupon, shall be as good and effectual in Law, to all intents and purposes, as any of the like Writs and Processes directed to other Sheriffs of any other Counties of England, and Returns and other Proceedings thereupon are or ought to be; and that such further Process, Pro­ceeding, Trial, Iudgement, and Execution may be had thereupon, as in other Counties upon like Writs, Process, and Actions. [Page 4] And that they the aforesaid assigned Iu­stices, or either of them, shall likewise hear and determine all and all maner of Trea­sons, Petty Treasons, Murthers, Man­slaughters, Felonies, Burglaries, Rapes, Trespasses, Riots, Routs, Vnlawful Assemblies, and all other Offences and Injuries whatsoever, tryable, done or committed by any person or persons what­soever within the said County of Durham, against the Statutes and Laws of this Nation, in such cases made and provided: and also to make or cause to be made a Gaol-delivery there, according to the Law and Custom of England. And that the said Iustices shall act, do and perform all other matters and things, in such maner and form as any other Iustice or Iustices of Assize, or other Iustice at Durham, and of the Pleas of Crown, Common Pleas, and other Pleas, have usually and respe­ctively acted, done and performed at any time heretofore. And the Lords Com­missioners appointed for the Custody of the Great Seal of England, are hereby re­quired and Authorized to Issue forth to the said Assigned Iustices of Assize and Gaol-delivery, for the Execution of the Pre­mises, such Commission or Commissions, as in such Cases into other Counties of England are now Issued, and comman­ding and enjoyning likewise the Sheriff of the said County of Durham, that he cause forthwith Proclamation and notice to be given in all places within the said County, [Page 4] as well within Liberties as without, to all Earl, Barons, Knights, Iustices, Mayors, Bayliffs, Stewards, Officers, Ministers, and other Persons whatso­ever, dwelling and residing within the said County, having any thing to do at the same Sessions, that they then and there attend upon the said Iustices, and be in all things requisite to them aiding and assisting.

And it is further Enacted, Ordained, and Declared by the Authority aforesaid, That as well all such Fines and Common Re­coveries of any Honors, Manors, Lands, Tenements or Hereditaments, lying or being within the said County of Durham, as were taken before the Iustices of Assizes, or either of them at the last Assizes, holden at Durham aforesaid, the Twelfth day of August, One thousand six hundred and fifty, or at any other time or times before the said Assizes, since the said Two and Twen­tieth day of August, One thousand six hun­dred forty two, or which have been had or suffered before the Thirtieth of August, One thousand six hundred fifty nine, and as if the same had been taken or suffered, or hereafter shall be taken or acknow­ledged at the said Assizes, so by this Act appointed to be holden at Durham as afore­said, or which shall be taken and acknow­ledged by vertue of any Commission dire­cted to any Iudge of either Bench, Barons of the Exchequer, Serjeant at Law, and other Special Commissioners, according [Page 6] to the Accustomed maner of taking Fines and Recoveries of Lands, lying in any other County within the Commonwealth of England, shall be Ordered, Entred, In­grossed, and otherwise proceeded in perfe­cting thereof in the Court of Common Pleas at Westminster, and in such Offices and Places, and in such maner and form, and by and before such Officers, as other Fines and Recoveries respectively taken of, or for Lands, Tenements, or other Hereditaments, lying within the Counties of Monmouth and Hereford, or any other County or Counties of England, which are not or have not been Counties Palatine, are and have been usually Entred, En­rolled, Ingrossed, Ordered, and other­wise proceeded in. And that all Writs of Covenant, Writs of Entry and Dedimus Potestatems, to take the Captions or Ac­knowledgements of Fines, and Warrants of Attorney for Recoveries within the said County of Durham, shall be Issued and made by the present Cursitor of the said Counties of Monmouth and Hereford, who is already sworn and admitted Cursitor for the said County of Durham, by the Lords Commissioners of the Great Seal, in as full and ample maner and form as any Writs of the like nature are or have been heretofore usually Issued and made by any of the Cursitors of the Chancery of England, in any other of the Counties of England.

[Page 7] And it is further Enacted and Or­dained, That the several Officer and Officers of the several and respective Offices and Places aforesaid, shall re­ceive and take the said Fines, Re­coveries, and all Writs and other Writings and Immuniments concern­ing the same, without exacting or taking any reward for, or duty for any Post Diem, or Post Terminum there­of; which Fine and Fines, and all and every Recovery and Recoveries here­tofore Levied or Suffered, or here­after to be Levied or Suffered, of any honors, Manors, Lands, Tene­ments, or Hereditaments lying or be­ing in the said County of Durham, in maner and form aforesaid, or here­after passed in the Court of Common Pleas at Westminster, of any Lands or Tenements in the said County, shall be of the same and the like force, strength and effect in Law, to all intents, con­structions and purposes, as any other Fine or Fines Levied, and Common Recoveries suffered in the said Court of Common Pleas at Westminster, of Lands lying in any other County, are or is, any Law, Statute, Custom or Vsage to the contrary notwithstanding.