December 1653: An Ordinance for Alteration of several Names and Forms heretofore used in Courts, Writs, Grants, Patents, Commissions, &c., and settling of Proceedings in Courts of Law, Justice and Equity...according to the present Government.

December, 1653

[26 December, 1653.]

Oliver, Lord Protector of the Commonwealth of England, Scotland and Ireland, and the Dominions thereto belonging, having the exercise of the chief Magistracy, and the Administration of Government within the said Commonwealth, invested and established in His Highness, assisted with a Council, who have Power until the Meeting of the next Parliament (which is to be on the third day of September, now next ensuing) to make Laws and Ordinances for the peace and welfare of these Nations, where it shall be necessary, which shall be binding and in force until Order shall be taken in Parliament concerning the same;

Style and teste altered.

And the said Lord Protector finding it to be most necessary, that some speedy and effectual course be taken for setling the Names, and Forms to be used in Patents, Commissions and Proceedings in Courts of Justice, the said Lord Protector, by, and with the Advice and Consent of His said Council, and in pursuance of, and according to the Power and Trust reposed in Him and them, doth Declare and Ordain, and be it by the Authority aforesaid Declared and Ordained, 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 said Commonwealth of England, Scotland and Ireland, and the Dominions thereto belonging, in stead of the Name, Style, Title and Teste (of the Keepers of the Liberty of England by Authority of Parliament) heretofore used, that from and after the six and twentieth day of December, 1653, the Name, Style, Title and Teste of the Lord Protector, for the time being, of the Commonwealth of England, Scotland and Ireland, and the Dominions thereto belonging, shall be used, and no other; And the date shall be in the year of our Lord and no other.

Duties, Profits, Penalties, Issues, Fines, &c., how to be sued for.; Presentment of Jurors.

And that all Duties, Profits, Penalties, Issues, Fines, Amerciaments, and Forfeitures whatsoever, which heretofore were sued for in the name of the Keepers of the Liberty of England by Authority of Parliament, shall from and after the said six and twentieth day of December be prosecuted, sued forth, and recovered in the said name of the Lord Protector, for the time being, of the Commonwealth of England, Scotland and Ireland, and the Dominions thereto belonging, and no other. And in all or any of the proceedings aforesaid, where the words were, The Jurors for the Commonwealth, or, The Jurors for the Keepers of the Liberty of England by Authority of Parliament, do say or present, from and after the said six and twentieth day of December it shall be, The Jurors for the Lord Protector of the Commonwealth of England, Scotland and Ireland, &c. do say, or present, and no other.

And all Judges, Justices, Officers and Ministers of Justice whatsoever, are to take notice hereof, and are hereby authorised and required to proceed accordingly; And whatsover shall from and after the said six and twentieth day of December, be done contrary to this Ordinance, shall be and is hereby Declared to be null and void.

Writs, Commissions, Indictments, &c., Pleas, Demurrers, Continuances and Proceedings to be good with these Alterations.; Variance hereby occasioned shall not be material as to default or error.

And it is hereby further Declared and Ordained by the Authority aforesaid, That all Writs, Commissions, Indictments, Informations, Actions, Suits, Bills or Plaints now depending in any of the Courts of Record at Westminster, or any other Court of Record; and all Pleas, Demurrers, Continuances, and Proceedings whatsoever in all and every such Indictments, Informations, Actions, Suits, Bills and Plaints, shall be returnable, stand good and effectual, and be prosecuted and sued forth in such maner and form, and in the same state, condition and order (the said Changes and Alterations to be as in this Ordinance are particularly expressed) as if the change of Government had not been made, 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, Proces, or Proceedings, in the Name, Style, Teste, or otherwise, shall not be in any wise material, as concerning any default or error to be alleged or objected thereunto.

Proceedings in Criminal Causes.; Indictments and Inquisitions by Coroners, Suits, Informations now depending, saved.; Judicial Proces on them.

And it is further Declared and Ordained by the said Lord Protector, with the consent of His Council, That from and after the said six and twentieth day of this instant December, all Indictments, Presentments and Inquisitions for Treasons, Felonies, Misprisions and other Trespasses and Misdemeanors whatsoever, the Pleadings therein, and the Issues thereupon, shall and may be joyned with such person and persons so Indicted, Presented, or Prosecuted by the Clerks of the several Courts wherein such Indictments, Presentments, or Inquisitions shall be proceeded upon, for and on the behalf of the Lord Protector, as His Attorney, in such sort, maner and form, as they might have done before the tenth day of this instant December, for and on the behalf of the Keepers of the Liberty, Any Law, Custom, or Usage to the contrary in any wise notwithstanding. And be it also Declared and Ordained by the Authority aforesaid That all Indictments, Presentments, and Inquisitions taken by Coroners, and all Actions, Informations and Suits, for and on the behalf of the keepers of the Liberty, or for and on the behalf of the said keepers and same Informer or Informers, and now depending, or which did depend in any Court of Justice the tenth day of December instant, shall not be discontinued, or put without day, by this change of Government, but that the Proces, Pleas, Demurrers, Issues and Continuances in every of the said Indictments, Presentments, Inquisitions, Actions Informations and Suits, shall stand good and effectual, and be continued, prosecuted, and sued forth in such maner and form and in the same estate, condition and order as the same were at the tenth day of December aforesaid; And that all maner of Judicial Proces that shall be had or pursued since the said tenth day of this instant December, upon the said Indictments, Presentments, Inquisitions, Actions, Informations or Suits, or upon the Pleas, Demurrers or Issues, and all Proceedings thereupon, shall be had, made and prosecuted in the Name of the Lord Protector, or as well by Him as by the Informer or Informers; And that variance touching the same Proces and Proceedings between the name of the said Keepers and the said Lord Protector, shall not be in any wise material as concerning any default or error to be alleged or objected for the same.

Indictments for Offences before the change of Government.; Appeals.

And it is further ordained, That all Indictments, Presentments, or Inquisitions, Actions, Suits, or Informations for any offence committed or done in the time of the said Keepers of the Liberty, &c. or for any debt due to the late King or Keepers of the Liberty, &c. or Cause of Action or Suit by him or them, and were to be had, made, done or prosecuted in the Name of the said late King or the Keepers of the Liberty, &c. and an Informer or Informers respectively, the same shall be had, made, done and prosecuted in the Name and on the behalf of the Lord Protector, or in His Name, and the Name of some Informer or Informers, as the Case shall require, in such sort as where such offences were committed, or where such Cause of Action was in one Kings time, and the Indictments, Presentments, Inquisitions, Actions, Informations and Suits were to be in another Kings time, saving that the name of the said Lord Protecter shall be used in the stead and place of the succeeding King, or the Keepers of the Liberty, &c. And it is likewise ordained by the Authority aforesaid, That all Indictments, Presentments, Inquisitions, Actions, Informations, or Suits for any offence had, made, committed or done since the death of the late King, or for any debt, duty, or matter growing due, or cause of Action arising since that time, shall be had, made, done and prosecuted in the Name and for the behalf of the Lord Protector of the Commonwealth of England, Scotland, and Ireland, or in the Name of Him and an Informer or Informers, as the Case shall require; And that the Alterations, Additions and Omissions in this Ordinance mentioned, shall extend as well unto Appeals as Indictments, Presentments and Inquisitions, as the Case shall require.

Oaths.; In other particulars the forms and course formerly used to be continued.

And it is further Ordained by the Authority aforesaid, That in all Oaths to be given to any Grand Jury or Petty Jury, or to, or for any Witnesses to give in Evidence to any such Jury or Juries, and in all other Oaths wherein the name of the Keepers of the Liberty, &c. was wont to be used, the same shall be given in the name of the Lord Protector, instead of the name of the said Keepers, &c. Any Law, Usage, or Custom to the contrary in any wise notwithstanding. And it is lastly Ordained by the Authority aforesaid, That such forms and course of proceedings as were heretofore used in the name and time of the Keepers of the Liberty, &c. in Causes Criminal or Civil, and of which no alteration is made in this Ordinance, shall stand and continue to be so used and observed as formerly; And that all Indictments, Presentments, Inquisitions, Commissions and Captions made with such Alterations, Additions, or Omissions, as aforesaid, or with such other Omissions, Additions, or Alterations as shall be proper and necessary for making good of Indictments, Presentments, Commissions, Captions and Inquisitions, and supplying the sense and meaning thereof, according to the present Government of this Commonwealth under the Lord Protector as aforesaid, shall stand and be good and effectual in Law to all intents and purposes, as if the same had been particularly herein named, Any Law, Custom, or Usage to the contrary in any wise notwithstanding.