January 1649: An Act of this present Parliament for the Alteration of several Names and Forms heretofore used in Courts, Writs, Grants, Patents &c. and settling of Proceedings in Courts of Law, Justice and Equity...

January, 1649

[29 January, 1648/9.]

New style and form in legal proceedings, writs, etc.; All done contrary to this Act void.; Saving for writs, grants, and patents passed under Great Seal of England, and for actions now depending.

Be it Enacted by this present Parliament and by Authority of the same, That in all Courts of Law, Justice or Equity, and in all Writs, Grants, Patents, Commissions, Indictments, Informations, Suits, Returns of Writs; and in all Fines, Recoveries, Exemplifications, Recognizances, Process and Proceedings of Law, Justice or Equity within the Kingdoms of England and Ireland, Dominion of Wales, and Town of Berwick upon Tweed, Instead of the Name, Stile, Title and Teste of the King, heretofore used, That from henceforth the Name, Stile, Title, and Teste of Custodes libertatis Angliœ authoritate Parliamenti, shall be used, and no other; And the date shall be the year of the Lord, and none other: And that all Duties, Profits, Penalties, Issues, Fines, Amerciaments and Forfeitures whatsoever, which heretofore were sued for in the Name of the King, shall from henceforth be prosecuted, sued for, and recovered in the said Name of Custodes libertatis Anglice authoritate Parliamenti, and no other: And in all or any of the Proceedings aforesaid, where the words were Juratores pro Domine Rege from henceforth it shall be Juratores pro Re-publica And where the words in any of the Proceedings aforesaid used to be Contra Pacem, dignitatem vel Coronam nostram That from henceforth these words Contra Pacem Publicam instead of them, or any of them shall be only used: And all Judges, Justices, Officers and Ministers of Justice whatsoever, are to take notice hereof, and are hereby authorized and required to proceed accordingly, and no otherwise, And whatsoever henceforth shall be done contrary to this Act, shall be, and is hereby declared to be Null and void. Provided alwayes that all Writs issued out of the Chancery, and all Writs and Patents of the Justices of the one Bench and of the other, Barons of the Exchequer, Commissions of Oyer and Terminer, Gaol Delivery, and Justices of the Peace, and all other Commissions, Patents and Grants made and passed under the Great Seal of England, shall stand good and effectual in the Law, notwithstanding the death of the King, Anything in this Act, or in any Article therein contained, or any Law, Statute or Custom to the contrary thereof in any wise notwithstanding. And it is hereby further Ordained and Enacted by the authority aforesaid, That all Writs Original already issued out under the Great-Seal, and all Actions, Suits, Bills, or Plaints now depending in any Court of Record in Westminster-Hall, or any other Court of Record, and all Process, Pleas, Demurs, Continuances and Proceedings in every such Action, Actions, Suits, Bills, and Plaints shall be returnable, stand good and effectual, and be prosecuted, and sued forth, in such manner and form, and in the same state, condition and order; the said changes and alterations to be as before in this Act is expressed, the Death of the King, or any Law, Custom or Usage to the contrary thereof in any wise notwithstanding: And that any variance that shall be occasioned by reason thereof, touching any the said Writs, Process or Proceedings in the Name, Stile, Teste or otherwise shall not be in anywise material, as concerning any Default or Error to be alleadged or objected thereunto.