Section VII Officer of the Courts making out Process for things pardoned;
or Sheriff taking or withholding things pardoned; Penalty £10. and Treble Damages and Costs, and such Process void.
And bee it further enacted by the authority aforesaid That if any Officer or Clerke of any of his Majestyes Courts commonly called the Chauncery, Kings Bench, Common Pleas or Exchequer, or any other Officer or Clerke of any other of his Majestyes Courts within this Realme at any time after the last day of this present Session Parlyament make out or write out any manner of Writts, Processe, Summons or other Precepts whereby any of the said Subjects or of the Bodyes Corporate or others before rehearsed or any of them shall be in any wise arreasted, attached, distrained, summoned or otherwise vexed inquieted or greived in his or their Bodies, Lands, Tenements Goods or Chattells or any of them for or because of any manner of thing pardoned or discharged by vertue of this Act, or if any Sheriffe or Escheator or any of their Deputy or Deputyes or any Bayliffe or other Officer whatsoever by colour of his or their Officer or otherwise after the said last day of this present Session of Parliament doe leavy, receive, take or withhold of or from any person or persons any thing pardoned or discharged by this Act, that then every such person soe offending, and thereof lawfully convicted or condemned by any sufficient Testimony, Witnesse X1and Proofe shall yeild and pay for recompence thereof to the party soe greived or offended thereby his or their treble Dammages besides all Costs of the Suite, and shall alsoe forfeite and loose to the Kings Majestie for every such Offence Ten pounds; And neverthelesse all and singular such Writts, Processe and Precepts soe to be made for or upon any manner of thing pardoned or discharged by this present Act of Free Pardon shall be utterly void and of noe effect.
Exceptions; High Treasons, &c.
Excepted and alwayes foreprized out of this Generall and Free Pardon all and all manner of High Treasons and other Offences committed or done by any person or persons against the Kings Majestyes most Royall Person and all Conspiracies and Confideracies traiterously had committed or done by any person or persons against his Majestyes most Royall Person.
Treasons out of the Realm, &c.
And alsoe excepted all and every manner of Treasons committed or done by any person or persons in the Parts beyond the Seas or in any other Place out of this Realme, and alsoe all Suites, Punishments, Executions Paines of Death, Forfeitures and Penalties for or by reason or occasion of any the Treasons and Offences before excepted.
Forging Great Seal, &c. and diminishing the Coin.; Misprisions of Treason.
And alsoe excepted out of this Free Pardon all Offences in foreging and false counterfeiting the Kings Majestyes Great or Privy Seale, Sigle Manuall or Privy Signet or of any the Moneys currant within this Realme, and alsoe all Offences of unlawfull diminishing any of the said Moneys by any way or meanes whatsoever contrary to the Lawes and Statutes of this Realme, and all Misprisions and Concealments of the Treasons before excepted, and all abetting, aiding, comforting and procureing of the same offences or any of the said Treasons before excepted.
Murders, Petit Treasons, &c.
And alsoe excepted out of this Pardon all manner of voluntary Murders, Petit Treasons and wilfull Poysonings done or committed by any person or persons and all and every the Accessaries to the same Offences or any of them before the said Offences committed.
Piracies, &c.
And alsoe excepted and foreprized out of this Generall Pardon all Piracies and Robberies done upon the Seas, and all and every procureing or abetting any such Offenders and the comforting and receiving of them or any of them or of any Goods taken by way of Piracy or Robbery upon the Seas as aforesaid.
Burglaries, &c.
And alsoe excepted out of this Pardon all Burglaries committed or done in any Dwelling-house or Houses and all Accessaries to any the said Burglaryes before the same Burglary committed.
Buggery.
And alsoe excepted the detestable and abominable Vice of Buggery committed with Mankinde or Beast.
Rapes.
And alsoe excepted all Rapes and Carnall Ravishments of Women.
Taking away Women.
And alsoe excepted all Ravishments and wilfull takeing away or marrying of any Maid, Widdow or Damsell against her will or without the assent or agreement of her Parents or of such as then had her in custodie; and alsoe all offences of aiding, comforting, procuring or abetting any such Ravishment, wilfull takeing. or marrying had, committed or done.
Perjury, Subornation, counterfeiting Deeds, &c.
And alsoe excepted out of this Pardon all Offences of Perjury and the subornation of Witnesses and the offences of forging and counterfeiting any false Deeds Escripts or Writeings, and all offences of forging or counterfeiting any Examinations or Testimonies of any Witnesse or Witnesses tending to bring any person or persons into danger of his life and all procureing and counselling or any such forgeings or counterfeitings had, made, committed or done.
Forfeitures, &c. for which Action has been brought as herein mentioned.
And alsoe excepted all Forfeitures and other Penalties and Proffitts now due accrued and grown, or which, shall or may be due accrew or grow to the Kings Majestie by reason of any Offence, Misdemeanour or Contempt or other act or deed had, suffered, committed or done contrary to any Act, Statute or Statutes or contrary to the Common Lawes of this Realm, and whereof, or for the which any Action, Bill, Plaint or Information at any time within six yeares next before the thirteenth day of February in the yeare of our Lord One thousand six hundred seaventy two have beene commenced or sued in any of his Majestyes Courts at Westminster and was then and there depending and remaining to be prosecuted, or whereupon any Verdict, Judgement or Decree is already given or entred, other then such X2Information as shall be then and there depending for stamping and coyning of Farthings, Halfe-pence, Pence, and such small Money as aforesaid, or for uttering the same.
Informations concerning Bridges, &c.
And alsoe excepted out of this Pardon all Informations and other Proceedings depending concerning any common High wayes or Bridges and all Issues returned upon any Processe concerning the same since the five and twentyeth day of March in the yeare of our Lord One thousand six hundred sixty and three.
Embezzling the King's Goods, &c.
And alsoe excepted all Offences in takeing away, imbezilling or purloyning any of the Kings Majestyes Goods, Moneys; Chattells, Jewells, Armour, Munition, Stores, Navall Provisions, Shipping, Ordnance or other Habiliments of Warr;
Breach of Covenant, &c. with the King.
And alsoe excepted all Conditions and Covenants and all Penalties, Titles and Forfeitures of Condition or Conditions, Covenant or Covenants accrued or grown to the Kings Majestie by reason of the Breach and not performing of any Covenant or Condition whatsoever.
Incest; Simony, &c. for which Suit depending the First Day of the Session.
And alsoe excepted all Offences of Incest, Simony or Dilapidations for which any Suite is or was depending upon the first day of this Session or Parliament.
First Fruits, &c.
And alsoe excepted out of this Pardon all First-fruits and Tenths, Pensions, Procurations, Synodalls and other payments out of any Ecclesiasticall Promotion or Benefice.
Concealment of Duties.
And alsoe excepted out of this Free Pardon all and every the Summes of Money and Dutyes following, and the concealements or wrongfull detainments thereof (that is to say) of any Custome or Subsidy, Excise, Hearth-money, Imposition upon Wines or other Liquours, Impositions upon Proceedings at Law, Dutyes ariseing by Wine-Licences or the Post-Office or any other Taxes, Assesment, Duty or Imposition due to the Kings Majestie, or given by any Act of Parliament and all arreares thereof, and all Forfeitures ariseing thereby, or for the Non-payment thereof and all Corruptions and Misdemeanours of any Officer or Minister of, in, or concerning the same, and all Accounts and Suites whatsoever to be had, made or prosecuted for the same, and all Concealments, Fraudes and Offences, by which his Majestie hath beene deceived, and not truely answered of or for the same.
Debts, &c. excepted by 12 C.II. c. 11.
And alsoe excepted out of this Pardon all Debts, Dutyes, Summes of Money, Accounts, Obligations, Recognizances and other Securityes which by a former Act, entituled, An Act of Free and Generall Pardon, Indemnity and Oblivion doe therein stand excepted, and are not yet answered and paid or otherwise discharged.
Taking away Goods, Rents, &c. forfeited to the King. Rents, &c. of Traitors, &c.; Rents, &c. of Temporalties in the King's Hands.; Arrearages due from Faumers of the Revenue
And alsoe excepted all and every manner of takeing from the Kings Majestie any Goods or Chattells forfeited unto him by reason of any Treason, Petit Treason, Murder or Felony heretofore committed or done. And alsoe all and every manner of takeing from the Kings Majestie the Issue, Rents, Revenues or Proffitts or any Mannours, Lands Tenements or Hereditaments which were of any Traitor, Murderer, Felon, Clerke or Clerks attainted or any of them. And alsoe all and every manner of takeing from the Kings Majestie the Issues, Rents, Revenues and Proffitts of any Mannours, Lands, Tenements or Hereditaments, parcell of the Possessions of any Bishoprick, the Temporalaties whereof upon the said five and twentyeth day of March in the yeare of our Lord One thousand six hundred sixty three, or at any time since were or of right ought to have beene in his Majestyes hands.
Arrearages due from Farmers of the Revenue.
And alsoe excepted out of this Pardon all Arrearages of Rent due from any Farmer of any part of his Majesties Revenue ariseing by Customes, Excise or Hearth-Money or Impositions upon Proceedings at Law, and all Arrearages of Fee-farme Rents or other Rents due to his Majestie.
Accounts of Collectors, &c.
And alsoe excepted all and singular Accompts of all and every Collector and Collectors, Commissioners Treasurers or Receivers who have received or collected any X3Subsody, Custome, Subsidy of Tonnage or Poundage, additionall Duty, Prize-goods or other things grown due or happening since the said five and twentyth day of March in the yeare of our Lord one thousand six hundred sixtie and three, and all Accompts of every other person whatsoever that ought to be accomptant to the Kings Majestie for or in respect of any Receipt or other charge which hath growne since the said five and twentyeth day of March, and the Heires, Executors, Administrators and Sureties of every such person that ought to accompt for all things touching onely the same accompts, And all and singular arrearages of accompts and untrue accompts made or rendred since the said five and twentyeth day of March, and all Impetitions, Charges, Seizures, Suites, Demands and Executions which may or can be had of or for any such accompt or accompts or any arrearages of the same.
Recognizances of Receivers, &c.
And alsoe except all Recognizances Obligations and other Securities given or enterd into by any Receiver, Reeve, Bayliffe, Collector or other Accomptant in the Court of Exchequer and their Sureties and their Accompts respectively and all other Recognizances and Obligations whatsoever conditioned for the payment of Money.
Annotations
Editorial notes
- X1
Variant reading of the text noted in The Statutes of the Realm as follows: or O. [O. refers to a collection in the library of Trinity College, Cambridge]
- X2
Variant reading of the text noted in The Statutes of the Realm as follows: Informations O. [O. refers to a collection in the library of Trinity College, Cambridge]
- X3
Variant reading of the text noted in The Statutes of the Realm as follows: Subsidy O. [O. refers to a collection in the library of Trinity College, Cambridge]