September 1652: An Act for reviving a former Act for Relief of Persons upon Articles.

September, 1652

[29 September, 1652.]

Act for relief of persons upon Articles recited.; Above Act renewed.

Whereas an Act of this present Parliament, Entituled, An Act for the Relief of all such persons as have been, are or shall be sued, molested, or any ways Damnified contrary to Articles or Condition granted in time of War, is expired, and yet many Complaints concerning breach of Articles of War remain still undetermined; Be it therefore Enacted by this present Parliament, and by the Authority thereof it is hereby Enacted and Ordained, That the said Act, and every Clause, Article and Sentence therein contained, shall be, and is hereby renewed, and to stand in force from the twenty eighth of September, One thousand six hundred fifty and two, until the Eight and twentieth day of September in the Year of our Lord, One thousand six hundred fifty and five.

Commissioners for execution of Act.

And it is hereby further Enacted, That all and every the persons hereafter named, That is to say, John Bradshaw Sergeant-at-Law, Chief Justice of Chester, John Barkstead Esq; Lieutenant of the Tower of London, Silvanus Taylor Esq; Edward Cook of Highnam in the county of Gloucester, Esq; Commissary General Edward Whalley, Christopher Pack Alderman of the City of London; Samuel Moyer Esq; Matthew Shepheard Esq; Robert Titchborn Alderman of the City of London, Owen Row Esq; John Sadler Esq; John Brown of Twickenham in the County of Middlesex, Esq; John Fowk Alderman of the City of London; John Hays Esq; William Underwood Alderman of London, Nathaniel Whetham Esq; Sir William Rowe Knight; Thomas Blunt of Charleton, in the County of Kent, Esq; Anthony Samuel Esq; Stephen Estwick Alderman of the City of London, John Ireton Alderman and Sheriff of the City of London, Major General Disborrow, Major William Robinson, Colonel Thomas Sparrow, Richard Keble Sergeant at Law, one of the Lords Commissioners of the Great Seal of England, Henry Roll, Lord Chief Justice of the Upper Bench, Richard Ask, one of the Justices of the Upper Bench, John Puleston one of the Justices of the Common Pleas, Edward Atkins one of the Justices of the Common Pleas Philip Jermyn one of the Justices of the Upper Bench, William Steel Recorder of London, John Rushworth of Lincolns Inn, Esq; Clement Oxenbridge of London Esq; Colonel Matthew Tomlinson, Edward Carey of Westminster Esq; Colonel Ralph Harrison of Highgate in the county of Middlesex, Major General Thomas Mitton, Robert Warcup of Lincolns Inn, Esq; William Bosvile of Covent Garden Esq; or any seven of them, are hereby authorized and appointed Commissioners to put in execution all and every the Powers expressed in the Act aforesaid.

Commissioners may give effect to Articles.

And be it further Enacted, That the Commissioners aforenamed, or any seven of them, be and are hereby Authorized to give Relief according to the Powers mentioned in the fore-recited Act, to all such person or persons who are or shall be Arrested, Sued, Impleaded, Imprisoned or Sequestered, contrary to any Articles given or granted by any Commission-Officer not under the degree of Captain, who was intrusted upon the Place as Commander in Chief by Land or Sea, immediately by the Parliament or Lord General, or any other person or persons in Authority for or under them, whether in England, Ireland or Scotland.

In favour of persons who have done their part thereunder.

Provided, That such person or persons claiming benefit of Articles as aforesaid, have not forfeited the same by breach or non-performance of what is or was on their part to be performed since these Articles were so granted.

Provided also, That such person or persons have not been ayding or assisting to the late King, or Charls Stuart his son, either in open hostility or Secret Councels, to the prejudice of the Parliament and good People of England, since the Thirtieth of January, One thousand six hundred forty and eight.

Limit of time for claiming relief.

Provided that no person or persons shall have the benefit of this Act or anything therein contained, who shall not put in his or their claim to such Articles before the said Commissioners, within the times hereafter limited respectively; that is to say, For any Articles given in England before the First day of February, One thousand six hundred fifty and two; and in all other places, before the First day of July, One thousand six hundred fifty three.

Reference to Parliament where Articles not confirmed.

Provided always, That where any Question shall arise before the said Commissioners upon any Articles, whereof relief is by this Act intended, which have not been confirmed by Parliament; the said Commissioners shall resort unto the Parliament for their resolution touching the said Articles, before they the said Commissioners shall proceed therein, further then to stay proceedings at Law against any person or persons concerned in such Articles, or sale of their Estates.