March 1654: An Ordinance for relief of Persons that have acted in the service of the Parliament.

March, 1654

[23 March, 1653/4.]

All former Acts for relief of such as have served Parliament to remain in force.

Whereas many good and necessary Acts, Ordinances and Orders of Parlament have heretofore bin made for the Encouragement, Indemnity, and saving harmless of such persons as have in any sort, either by Sea or Land, Engaged or Acted, or commanded to be done, any matter or thing whatsoever, by Authority, or for the service or benefit of the Parlament; And Committees having been appointed to take care therein, and that Justice should be done accordingly, the Power of which Committees being determined, and so no course settled for Parties grieved, His Highness, having a continued and lively sence of such mens undertakings and hazards, for the service of the publique in times of eminent danger and extremity, And being willing that full remedy should be provided for their safety, Doth by and with the consent and advice of his Council, Declare, Establish, and Ordain, That all and every the said Acts, Ordinances and Orders of Parliament, and every Article, Clause, and Sentence in them, or any of them contained, shall stand, remain and be in full force, effect and vertue, and be put in practice and execution, and be pleadable and made use of in all Courts of Justice, as fully and absolutely, to all intents and purposes, as if the same had been now particularly made for such purpose.

Construction most beneficial to those concerned to be put on every clause therein.; Instructions for relief of persons aggrieved.

And it is further Declared, Established, and Ordained, That the words Clauses and Sentences, in all and every the said Acts, Ordinances, and Orders of Parlament, shall be adjudged expounded, and taken in all Courts and proceedings of Justice, and elsewhere, most beneficial and available to all and singular the persons that have so acted or done, by authority, or for the service or benefit of the Parliament, And if upon any Tryall or proceedings, in any Court of Justice, it shall appear unto the Judge, or Judges before whom such Tryal or Proceedings shall be had or made, That the party, that hath so acted by the Authority, or for the service or benefit of the Parlament, hath not had, or cannot have such full and just Relief therein, as by the said Acts, Ordinances, or Orders of Parliament was intended or provided, Then such Judge or Judges shall, and are hereby required to make Certificat thereof to the Barons of the Exchequer, upon which Certificat, the said Barons or any two of them, shall have Authority and are hereby Impowred, Authorized and Required, upon such Certificat and Complaint of the party grieved to proceed, and do therein to all intents and purposes; And they have hereby given unto them the same and like Powers, Authorities, Jurisdiction, and Course of Proceeding, in all causes for relief of such partie or parties grieved in the premisses, as any Committee or Commissioners of or for Indemnity, appointed by Authority of Parlament, had, or lawfully might have exercised.

Relief in special cases

And be it further Ordained by the Authority aforesaid, That where any person that ought to have been indemnified, by the true meaning of the said Acts, and Orders of Indemnity, hath any Judgement or Verdict already obtained against him at Law, for any matter or thing for which he ought so to have been indemnified, by reason whereof he is disabled to plead his matter of Indemnity before the said Judges before-mentioned, that then in every such case, upon complaint exhibited before the said Barons of Exchequer, setting forth his case, and alleging such matter for his Indemnity as that Court shall judge sufficient; and also giving in such Security, as the said Barons shall approve of, to pay Costs unto the party molested or drawn so in question before the said Barons, in case he shall not prove the suggestion of his said Complaint, The said Barons in such special case, also may proceed to do therein, for Indemnifying the said party grieved, as hereby they are authorised to do, upon the Certificat of the Judges before-mentioned.

Proviso.

Provided allwaies, That nothing in this Ordinance be construed or understood to revive the Power of the said Committees in any the former Ordinances or Acts of Parlament named, so as to enable the said Committees to intermeddle in the execution of any the said Acts or Ordinances.