AN ACT OF INDEMPNITY AND Free Pardon.

[seal of the Commonwealth]

ORdered by the Parliament, That this Act be forthwith Printed and Published.

Thomas St. Nicholas Clerk of the Parliament.

LONDON: Printed by John Field and Henry Hills, Printers to the Parliament.

And are to be sold at the seven Stars in Fleet-street, over against Dunstans Church, 1659.

AN ACT OF INDEMPNITY AND Free Pardon.

IT having pleased Almighty God, after a violent & illegal Interruption, to restore the Parliament of this Common­wealth to its former Station, and with it to revive and re­establish the Government of these Nations in the way of a Free State, without a King, Single Person, or House of Peers. And whereas, during the said Interruption, and the various Changes and Alterations which followed, many things have been Attempt­ed, Done, and Acted, inconsistent with the Interest of this Commonwealth, and con­trary to Law, of which notwithstanding, the Parliament being desirous, by all good ways and means, and with all convenient speed, to remove all Iealousies, Doubts, Distrusts, and Fears, which may remain upon the [Page 2] hearts of many of the people of these Nati­ons, in reference to such their by-past Act­ings; and that their Mindes, Persons, and Estates, may be Composed, Quieted, Set­led, and Secured; and all Disputes, Que­stions, and Troubles thereupon arising, and all displeasure and evil will thereby occasion­ed, may be Annulled, Extinguished, and bu­ried in perpetual Oblivion, so that the Go­vernment now again restored, may be chear­fully complyed with,

Have Enacted and Ordained, and be it Enacted and Ordained by this Present Par­liament, and by the Authority of the same, That all and every person and persons, Bo­dies Politique and Corporate, of or within England, Scotland, and Ireland, or any of them, or the Dominions and Territories to them or any of them belonging, or appertaining, who have at any time since the nineteenth of April, in the year of our Lord One thousand six hundred fifty three, and before the first of June, One thousand six hundred fifty nine, Advised, Counselled, Acted or done, or Com­manded, or appointed to be acted or done, or have consented to, permitted or suffered to be acted and done, any matter or thing what­soever, tending to or concerning any change or alteration of the Government of these Nations, from a Commonwealth or Free-State, or tending to the abetting or countenan­cing such change or alteration, or in pur­suance of such change or alteration, or by vertue or colour of any Authority derived mediately or immediately of or from any con­vention [Page 3] or assembly called or reputed a Par­liament; or by vertue or colour of any Writ, Commission, Letters Patents, Instructi­on or Instructions, of or from any person or persons, Tituled, Reputed or taken to be Lord Protector or Chief Magistrate of this Commonwealth, or Commander in Chief of the Forces or Armies of this Common­wealth, or by any other Pretence, Warrant, Command or Commands whatsoever, from them or any of them, or their or either of their respective Councils, or any Member of such Council or Councils, or from any other per­son or persons whatsoever, Deriving Autho­rity from them or any of them; That all and every such person and persons, and all such Counsellors, Advisors, Actors and abet­tors, their Heirs, Executors, and Administra­tors of them and every of them, and all Bo­dies. Corporate and Politique, and their Successors, for ever shall be and are hereby fully acquitted, pardoned, released, indemp­nified, discharged, and saved harmless, of and from all, and all manner of Treasons, Misprisions of Treasons, Offences, Crimes and Misdemeanors whatsoever, by them, or any of them committed, acted, done, suffered or consented unto, of what nature quality or kinde soever the persons or crimes be, or may be deemed, in reference to the several changes in Government and actings thereupon, as aforesaid, since the first day of April, in the year of our Lord One thousand six hundred fifty three, and before the first day of June, [Page 4] One thousand six hundred fifty nine, and of all and all manner of Indictments, Im­peachments, Informations, Actions, Suits, Prosecutions, Iudgements, Executions, Molestations and Demands whatsoever, for or by reason of or concerning the same, be it either for or on the behalf of the Keepers of the Liberty of England, by Authority of Par­liament, or the Parliament of this Common­wealth, or by, for, or on the behalf of any person or persons whatsoever, for or concern­ing the same.

And also, Be it Enacted, by the Authority aforesaid, That this Act and Free Pardon shall be as good and effectual in the Law, to every the persons aforesaid, in, for, concerning and against all things before mentioned or in­tended, as the same Pardon should have been, if all and every the offences, Offenders, Crimes, Causes, Matters, Indictments, Impeachments, Informations, Actions, Suits, Quarrels, Iudgements, Executi­ons, Penalties, and all other things herein contained, or concerned, had been particular­ly, specially and plainly named, rehearsed and specified, and also Acquitted, Pardoned and discharged, by proper and express words and names in their kindes, natures and qualities, by words and terms thereunto requisite to have been put in and expressed in this pre­sent Act of Free Pardon.

And furthermore, That the said Pardon by the General Words, Clauses, and Sen­tences before rehearsed, shall be Reputed, [Page 5] Deemed, Adjudged, Expounded, Allowed, and taken in all manner of Courts of Iu­stice, and elsewhere, most beneficial and avail­able to all and singular the persons before Meant, Mentioned, or Intended, and to every of them, without any Ambiguity, Que­stion or Delay whatsoever, to be Made, Pleaded, Objected, or Alledged, by the At­tourney General of the Commonwealth, or by any person or persons, for, or on the be­half of the said Keepers of the Liberty of England, or on the behalf of the Parliament, or on the behalf of any other person or per­sons whatsoever.

And be it further Enacted and Declared, That all Fines, Recoveries, Verdicts, Iudgements, Statutes, Recognizances, Inquisitions, Indictments, Presentments, Informations, Decrees, Sentences, Pro­bates of Wills, Granting of Letters of Ad­ministration, Writs, Returns of Writs, Or­ders, Acts, and other Proceedings relating to the administration of Iustice, according to Law or Equity, had, made, given, taken, or done, or Depending in the Courts of Chancery, Vpper-Bench, Common-Pleas, and Court of Exchequer, by any the Com­missioners, Iudges, Sheriffs, Coroners, or Ministers thereof respectively, or by any other the Iudges, Commissioners, or Mi­nisters of any Court of Record, Court of Admiralty, or Delegates, or other Court of Law or Equity, or by, or upon Commissi­ons of Assize, and Nisi prius of Oyer and [Page 6] Terminer, Goal-Delivery, Commissions of the Peace, or upon any Commission of Sewers, Bankrupts, Charitable Vses, or other Commissions relating as aforesaid, and all Process and Proceedings therein, or there­upon had, made, given, done, or suffered in England, Scotland, or Ireland, or either of them, or the Dominions and Territories to them, or either of them belonging or apper­taining, since the Nineteenth day of April, in the year of our Lord, One thousand six hundred fifty three, and before the First day of June, One thousand six hundred fifty nine, shall not be questioned, or avoided for want of Legal Power in the said Commissioners, Iudges, and Ministers respectively, or by reason of the Change or Alteration of the Name, Stile, Title, or Teste of Writs, Process or Proceedings; or that they have not been in the Name of, or before the Keep­ers of the Liberties of England, by autho­rity of Parliament, but that such Fines, Recoveries, Verdicts, Iudgements, Sta­tutes, Commissions, Recognizances, In­quisitions, Indictments, Presentments, Informations, Decrees, Sentences, Pro­bates of Wills, Administrations, Writs, Returns, Process, and Proceedings, Or­ders, Acts, and Things as aforesaid, shall be of such, and of none other Force, Effect, and Vertue, then as if such Commissioners, Iudges, and Ministers respectively, had Acted by vertue of a True, Iust, Legal Power and Authority.

[Page 7] Provided always, That this Act shall not extend to confirm or make good any pre­tended Title of Honor, Dignity or Knight­hood, pretended to be conferred, given or granted by Writ, Patent or otherwise, to any person or persons within England, Scot­land or Ireland, or the Dominions and Ter­ritories thereunto belonging, since the said nineteenth day of April, in the year of our Lord one thousand six hundred fifty and three, and before the said seventh day of May, in the year of our Lord one thousand six hundred fifty nine; But that all and every such pretended Titles of Honor, Dig­nities and Knighthood, are hereby decla­red to be null and void.

Provided also and be it Enacted, That those Persons who were esteemed and ta­ken to be Commissioners of the publique Treasury, by colour or pretence of any Grant of that Office made unto them since the nineteenth of April, in the year of our Lord one thousand six hundred fifty three, and before the seventh day of May, in the year of our Lord one thousand six hundred fifty nine, shall be and are here­by Indempnified and Pardoned for such Acts as have been done by them in pur­suance or pretence of that Authority for the bringing in and issuing out of the pub­lique Revenue of the Nation.

Provided also, That this Act shall not extend to make good or confirm the Grant [Page 8] of any Office or Place of Trust given or granted, or pretended to be given or granted, by Patent, Charter, or otherwise, since the nineteenth day of April, in the year of our Lord one thousand six hundred fifty three, and before the seventh day of May, in the year of our Lord one thousand six hundred fifty nine; But that all such be and are hereby declared to be in the disposal of this Parliament, any thing in this Act to the contrary notwithstanding, other then such Offices and Places as have been dis­posed by, or derived from any person or persons who had Power to dispose there­of by Authority of Parliament, before the twentieth day of April, in the year of our Lord one thousand six hundred fifty three, although such Places or Offices have been disposed since.

Provided always, That this Act shall not extend nor be construed to extend to any matter or thing exhibited, or depending in Parliament, since the seventh day of May, in the year of our Lord one thousand six hundred fifty nine, and before the twelfth of July, one thousand six hundred fifty nine, for their judgement or resolution.

And be it further Enacted by the Autho­rity aforesaid, That all Moneys already paid for necessary Salaries and Allowances had or made to any person or persons for the Administration of Iustice, or for the bringing in, or issuing out of the publique Re­venue, [Page 9] or for the preservation of the Com­monwealth, by the Armies, Navies, or Garrisons, or for Augmentation, Increase of Maintenance, or Allowance to any Mi­nisters, Lecturers, Schoolmasters, Mem­bers of Vniversities, or Colledges, or to Ambassadors, or other publique Ministers imployed into Forein parts, or for the car­rying on of the Publique and necessary Affairs of the three Nations, shall be and are hereby made good and allowed, and the persons who received the same, discharged and Indempnified.

And be it further Enacted, that all and every Person and Persons, Bodies Poli­tique and Corporate, comprised within and intended to be Pardoned, or Indempnified by this present Act, or which are Pardoned, Indempified, or intended to be Pardoned or Indempnified by any other Act, Ordi­nance, or Order of this present Parliament, shall and may in all Suits, Indictments, or other prosecution, plead the general Issue, and give this Act, or any other of the said Acts, Ordinances, or Orders of this pre­sent Parliament in Evidence; and if upon any Trial or other Proceedings, it shall ap­pear to the Court, Iudge, Iudges or Iury, or other persons before whom such Trial or proceedings shall be had, that the party or parties claiming Indempnity or Pardon, ought to have Indempnity or Pardon according to the true intent and meaning of this present Act, and all or any the afore­said [Page 10] Acts, Ordinances, or Orders of this present Parliament, then such Iudge, Iudges, Iury, and other Persons, and every of them respectively, are hereby Authorised and required to allow the same, and him or them accordingly Indempnifie and discharge, according to ye true intent and meaning of the aforesaid Acts, Ordinances, and Orders of Parliament, to all intents and purposes whatsoever, and are hereby Authorised and required to put in execution all and every the said Powers, in as full and ample maner as any Committee or Com­missioners for Indempnity by Authority of Parliament were enabled to do, and all per­sons concerned therein, are hereby required and enjoyned to take notice hereof, and to yield obedience accordingly.

And be it further Enacted by the Autho­rity aforesaid, that in case any Suit is or was depending in any Court of Law or Equity, the Ninth day of July, in the year of our Lord, One thousand six hundred fifty and nine, or before, for or concerning any matter, cause, or thing, acted or done by any person or persons whatsoever, since the third day of November, in the year of our Lord, One thousand six hundred and forty, for the service and advantage of the Parlia­ment or Commonwealth, and any Trial at Law is already had, or any Iudge­ment or Execution thereupon obtained a­gainst any Person or Persons whatsoever for the same, that the Iudges of the said [Page 11] Court, where any such Suit or Cause is or was depending, are hereby Enabled, Authorised and Required to examine the same upon Oath, (which the said Court is hereby Authorised to Administer, to any witnesses that shall be therein produced on either Party, upon Complaint to them to be made) and to give relief therein to all and every the persons that are or have been so sued, and ought to be Indempnified and Relieved, and also to give such Costs to him or them that shall be so Relieved therein, as to the said Court shall be thought meet.

Provided always, That this Act nor any thing therein contained, shall be Adjudged, Construed, or taken to Discharge or In­dempnifie any person or persons who have Farmed the Excise and New Impost, or Customs, or any part thereof, who have not payed in the Arrears of Money due to the Commonwealth, for the Rent or Rents of their respective Farms, or shall not pay in the same at such days and times, as the Committee for Inspection of the Treasu­ries shall think fit, or otherwise that the said Farmers shall have no benefit of this present Act,

Provided always, That no person of the age of sixteen years and upwards, and be­ing of sane Memory, who shall Claim or Demand benefit of Indempnity or Pardon by virtue of this Act, be admitted there­unto, [Page 12] until it appear to such person or per­sons, before whom such Claim or Demand is made, That the said persons so Claim­ing or Demanding, hath made and sub­scribed, or shall then subscribe this Decla­ration following; That is to say,

I do Declare, That through the gracious assi­stance of Almighty God, I will be true, faithful, and constant to this Commonwealth, without a single Person, Kingship, or House of Peers.

ORdered by the Parliament, That this Act be forthwith Printed and Published.

THO. St NICHOLAS Clerk of the Parliament.

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