Page:Ruffhead - The Statutes at Large - vol 3.djvu/218

 170 CI. II. Anno duodecimo Caroli II. A. D.1660. Writs of c?pia3 XIX. Provided always, and be it enaSed by the Authority aforefaid. That it Jhall and may be law- b^afi^eaTdfy^^^ to and for all aiid every Clerk and other Officer of the Courts at Wcffmvifter to award and make gainft^any Per- Writs of Capias Utlagatum, at the Suit of the Party Plaintiff, againft fuch'Perfons outlawed as be fon. pardoned by this Act, to the Intent to compel the Defendant or Defendants to make aniwer to the Z'^" d mV °fue Plaintiff or Plaintiffs at whofe Suit he or they were outlawed; and that every Perfon fb outlawed Ihall- o^ut a Scii^fa- fue out fa Writ of Scire facias againfl die Party or Parties at whofe Suit he or they were fo outlawed cias againft the before this Pardon in that Behalf fhall be allowed to him or them fo outlawed. ptrfons^'utlawed ^^- Provided, and be it enaded bv the Authority aforefaid, That this Ad of General Pardon fliall upon Capias ad not in any wife extend to pardon any Outlawries upon any Writ of Capias ad fatisfaAendimi, until fuch fatisfaciendum, Time as the Party fo oijtlawed ihall fatisfy or otherwife agree with the Party at v/hofe Suit the fame f "f' ations Perfon was fo outlawed or conden^ned. and°ProV!edings XXI. And alfo excepted out of this Pardon all Informations and other Proceedings depending, coni- concerning cerning any common Highways or Bridges, and all Iffues returnsd upon any Procefs concerning the fame, '^'^i'Ted ^'^' ^"^'^^ ^^'^ thirtieth Day of January one thoufand fix hundred forty-eight, (2J except alfo all Recog- s^car! 2 . c. 5. riizances. Obligations and other Securities given or entered into lince the live and twentieth of March one §.'19. thoufand fix hundred and forty, by any Receiver, Reeve, Bailiff, Ccliedor or other Accountant in the Court of the publick Exchequer, and their Sureties, and their Accoimts refpeftively. Obligation and XXII. Provided always, and be it enadfed, That this Art, or any Thing therein contained, fhall not Recognizance extend or be conftrued to pardon or difcharee any Recognizance, Oblia:ation or Bond, which is not vet fd.'ef" fprfeted., ,. ■-.■ ^ All Afls of Ho- XXlII. And be it fiurther enaded by the Authority aforefaid. That all Acls of Hoftility and Injuries, '^.'l''u' '"J""'^' whether between the late King and the Lords and Commons then in Parliament affembled, or between K'fngandhrs"*any of the "People of this Nation, which did arife upoa any Adion, Attempt, Afhftance, Counfel or Parliament to Advice, having Relation unto, or falling out by Reafon of the late Troubles, or in the late Wars or ^'^"foiF'" publick Differences between the late King and Parliament, or between his now Majefty, or any of his peiua ivion. gy|^,jg(5i.3^ ^^^^ which are not in this Ad excepted; that the fame and whatfoever hath enfued thereupon, whether trenching upon the Laws and Liberties of this Nation, or upon the Honour of his Majefty, or upon the Honour or Authority of the Parliament, or to the Prejudice of any particular or private Perfon, fhall in no Time from and after the four and twentieth Day oijime in the Year of our Lord one thoufand fix hundred and lixty, he called in Queftion, whatfoever be the Quality of the Perfori, or of whatfoever Kind or Degree, Civil or Criminal, the Injury is fuppofed to. be; and that- no Mention be made thereof in Time to come, in Judgment or Judicial Proceedings. The Penalty ' XXIV. And to the Intent and Purpofe that all Names and Terms of Diftindion may be likewife put uponany perfon into Utter Oblivion, be it further enaded by the Authority aforefaid. That if any Perfon or Perfons,. that (h.Ul with- -vvithin the Space of three Years next enluing, fliall prefume malicioufly to call or alledge of, or objed-"' 'iTfea'iw Word's againll any other Perfon or Perfons, any Name or Names, or other Words of Reproach, any Way' of Reproach or tending to revive the Memory of the late Differences, or the Occafions thereof, that then every fuelv' Difgrace, tend- Pgrfon fo as aforefaid offending, fhall forfeit and pay unto the Party grieved, in Cafe fuch Party offend- '■ Memorrorthe" i^g ^^^11 be of the Degree of a Gentleman or above, ten Pounds; and if under that Degree, the Sum of* Ute Differences, forty Shillings ; (2) to be recovered by the Party grieved, by Adion of Debt to be therefore brought irU' any of his Majefly's Courts of Record, v% herein no Effoin, Protedion or Wager of Law fhall be a!-', lowed, or any more than one Imparlance, fo as the fame Adion be commenced or profecuted within'' fix Months next after the Offence committed ; (3) and if the Jury fworn to try any Iffue or Iffues that', fliall be joined in fuch Adion, fhall find for the Plaintiff, they fhall likewife give to every' fuch PlaintifF forty Shillings Damages over and above the Penalty aforefaid. i Perfons plotting XXV. Provided always. That this Ad, or any Thing therein contained, fhall not extend to give or defigning the any Benefit unto any Perlon or Perfons who have had any Hand in the plotting, contriving or defigning' exrapretf.'*'*" ^^^ gifit and hcinous Rebellion oi Ireland, mentioned in one Ad palled in the Parliament begun at'' jfiCar. I'.c, %-i^.WeJlminjier the third Day oi November m the fixteenth Year of- King Charles, intituled, Jn A^forthf fpeedy and effeiiiiai Reducing of the Rebels in his Majeflfs Kingdom of Ireland to their due Obedience to ■ his Majefty and Cro-wn of England, or in aiding, aiiifting or abetting the fame ; (other than fuch as-^ by another Ad intended hereafter to be paffed fhall be therein named, mentioned or exprefTed to be. pardoned); (2) nor to enure to reftore to any Perfon or Perfons, Bodies Politick or Corporate, (other' than the Marquefs oiOrmond, Lord Steward of his Majefty's Houfhold, and other the Proteflants ofr Ireland, and their Heirs', and liach other Perfon and Perfons, as in and by an Ad intended hereafter to-^ b,e paffed fhall be therein named, mentioned or exprefled in that Behalf) any Eftate, Liberties, Franchifej. or Hereditaments in England ox Ireland, fold or difpofed of by both or either Houfes of Parliament, 01;;' ■ any Convention affuming the Stile or Name of a Parliament, ox any Perfon or Perfons deriving Authority-' from them or any of them, or which was approved or confirmed by them or any of them ; nor to th^;''- mean Profits, Rents or Contingencies of Advantage of the fame. ' % Eyery Perfon XXVI. And it is further provided and enaded. That every Perfon or Perfons hereby pardoned, may pardoned may plead the General Iffije without fpecial Pleading of this Pardon, and give this Ad of Pardon in Evidence 'ailfl'ul^ '^*'^^' '^'^ Difcharge, and that the fame Ihall be thereupon allowed, and the Advantage tlrereof had as fully to all Intents and Purpofes, as if the fame had been fully and well pleaded, and in fuch Manner as any Jufcice of the Peace, Conltable or other OfHcer, queftioned for Matters aded by them as Officers, or in Execution of their Offices, may have advantage of the Matter of their Juflification upon the Generat, lilue by them pleaded, by the Laws and Statutes of this Kingdom. Thefts and Fe- XXVII. Provided alfo, That this Ad, nor any Thing therein contained, fliall extend or be inter- ^ Jonies finee the preted to ej^tend to pardon any<Perfon or Perfons whatfoever for any Theft, or ftealing of any Goods," . .. 8- -. - i ■ '■- - ^ - ■ ' or I