July, 1659: An Act for enabling Judges to hold an Assize at Durham.

July, 1659

[13 July, 1659.]

Assize to be held at Durham on 8 Aug., 1659.; Francis Thorpe and John Parker to be Justices.; All suits depending on 22 Aug., 1642, and since, to be revived,; And stand good as they were at that date; Power to Justices to determine such suits.

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 Judges of this Commonwealth, and John Parker one of the other Judges of this Commonwealth, shall be Justices of the said Sessions for the said County, and that all Actions, as well real as personal, and all other Actions mixt or other wise, and all Pleas, Precepts, 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 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 Justices, or other wise, shall be and stand revived, continued, and of as full 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 Justices. 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 manner 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 Justices so assigned, or one of them, after such time as they shall have the Records of the same Pleas and Processes 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 there upon, according as any other Justice or Justices of any Sessions heretofore held at Durham, before the said Two and Twentieth day 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 Justices as aforesaid.

Record of actions depending in Court of Exchequer at Westminster for causes in county of Durham to be sent to Judges.; Judges to try crimes.; Gaol-delivery.; Commissions under Great Seal to issue.

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 Eighth of August, One thousand six hundred fifty nine, the tenor of the Record thereof shall be sent by Mittimus, directed to the said Justices 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 Upper 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, Judgement, and Execution may be had thereupon, as in other Counties upon like Writs, Process, and Actions. And that they the aforesaid assigned Justices, or either of them, shall likewise hear and determine all and all manner of Treasons, Petty Treasons, Murthers, Manslaughters, Felonies, Burglaries, Rapes, Trespasses, Riots, Routs, Unlawful 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 Justices shall act, do and perform all other matters and things, in such manner and form as any other Justice or Justices of Assize, or other Justice 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 Justices 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, as well within Liberties as without, to all Earls, Barons, Knights, Justices, Mayors, Bayliffs, Stewards, Officers, Ministers, and other Persons whatsoever, dwelling and residing within the said County, having anything to do at the same Sessions, that they then and there attend upon the said Justices, and be in all things requisite to them aiding and assisting.

Directions concerning fines and recoveries of lands.

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 Justices 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 Judge of either Bench, Barons of the Exchequer, Serjeant at Law, and other Special Commissioners, according to the accustomed manner 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 manner 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, Engrossed, 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 manner 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.

Officers taking fines and recoveries to take no reward.; Fines and recoveries to be of full force in law.

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 manner 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 Usage to the contrary notwithstanding.