June 1657: An Act for Indempnifying of such Persons as have acted for the Service of the Publique.

June, 1657

[26 June, 1657.]

Persons imployed in publique service.

Whereas the Parliament, His Highness the Lord Protector and the Council, by reason of some late Rebellions and Insurrections within this Commonwealth, and upon occasion of many dangers and troubles threatned from beyond the Seas, have been necessitated to imploy divers Persons in their service for suppressing the said Rebellious Insurrections, and for securing the Peace, and carrying on the publique Service of these Nations, which the said Persons have willingly engaged in; whereof His Highness and Parliament well approving, and being fully satisfied of their Fidelity and integrity in such their Actings, and that their endeavours tended onely to the Security and Advantage of the Publique, and Reformation of these Nations, without any sinister respects of their own; and therefore conceive themselves to be obliged in Honour and Justice, that they be protected and acquitted from any Suit, Action, Prosecution or Molestation, for or in respect of such service;

Who shall have the benefit of this Act.

Be it therefore Enacted by His Highness the Lord Protector and this present Parliament, and the Authority thereof, That all and every Person and Persons, who have before the twentieth day of June, One thousand six hundred fifty and seven, mediately or immediately, acted or done, or commanded or appointed to be acted or done, or by command or appointment have acted or done any matter or thing whatsoever by vertue or Authority of Parliament, His Highness the Lord Protector or the Council, by any Commission or Instructions from them or any of them, That every such Person and Persons shall be, and are hereby fully Acquitted, Pardoned, and Discharged of and from all Actions, Suits, Indictments, Informations, Prosecutions, Judgements, Executions, and Molestations whatsoever, for or concerning the same; but that such their Actings and Service, and whatsoever hath ensued thereupon, shall in no time hereafter be called in question, whatsoever be the Quality of the Person, or of whatsoever kinde or degree, Civil or Criminal, the Offence or Injury is supposed to be; And that no mention be made thereof in time to come, in Judgement or Judicial Proceedings, but that the same be had and put in perpetual Oblivion; And that the said Council for all Acts done, or advised to be done by them as aforesaid, shall be and are hereby likewise Acquitted, Pardoned and discharged, to all intents and purposes aforesaid.

Indempnity to the Commissioners for Prize-goods.

And it is further Enacted by the Authority aforesaid, That Richard Hill Esq; Samuel Wilson, John Sparrow, Humphrey Blake, Robert Turpin, and Richard Blackwal, the late Commissioners for Prize-Goods, and John Carleton Treasurer, and every of them shall be, and are hereby Indempnified and discharged, for and concerning the payment of all such Sum and Sums of Money, which by Order of His Highness and Council, they or any of them have paid in to the use of the Commonwealth; And that the said late Commissioners for Prize-Goods, and the said Treasurer, shall not be lyable to any Suit or Action for the payment of the said Sums of Money, or any part thereof.

All Acts, Ordinances and Orders for Indempnity to stand in force.

And be it further Enacted by the Authority aforesaid, That all Acts, Ordinances and Orders of Parliament, which have heretofore been made for the Encouragement, Indempnity, and saving harmless of such persons as have in any sort, either by Sea or Land, Engaged, Acted, or done any matter or thing whatsoever, by Authority, or for the service or benefit of the Parliament; and every Clause, Article and Sentence in them, or any of them contained, shall stand and 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 made particularly for such purpose.

Trials.; Certificate to the Barons of the Exchequer.

And be it Ordained and Enacted by the Authority aforesaid, That all and every the Words, Clauses and Sentences in this Act, and in all and every other the Acts, Ordinances, and orders of Parliament, shall be adjudged, Expounded, and taken in all Courts and proceedings of Justice and elsewhere, most beneficial and available unto all and singular the persons that have so acted or done by any Authority as aforesaid, or for the Service or Benefit of the Parliament, or otherwise as aforesaid. And for further relief and ease of the persons aforesaid, it is likewise Enacted, That if upon any tryal or proceedings in any Court of Justice, it shall appear unto the Judge or Judges before whom such trial or proceedings shall be had, or made, that the party that hath so acted by the Authority as aforesaid, or for the Service or Benefit, of the Parliament, or otherwise as aforesaid, hath not had or cannot have such full Benefit and just Relief, as by this and other Acts, Ordinances, and Orders of Parliament, was intended or provided, Then such Judge and Judges shall, and are hereby required to make Certificate thereof to the Barons of the Exchequer; upon which Certificate the said Barons, or any two of them shall have Authority, and are hereby Impowered, Authorized and Required, upon such Certificate 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, Jurisdictions and Course of Proceedings in all Causes for relief of such Party or Parties grieved, in any the premisses, as any Committee or Commissioners of or for Indempnity appointed by Authority of Parliament, had or might have lawfully exercised.

All the matters and things in this Act shall be adjudged within the Acts, Ordinances and Orders for Indempnity.

And it is hereby lastly Ordained, That all and every the matters and things in this Act mentioned and intended, shall be adjudged and deemed to be within all and every the said Acts, Ordinances, and Orders of Parliament, as if the same had been particularly expressed and comprized in the same, and to have relief, and be proceeded in accordingly.

Power of Committees shall not be hereby revived.

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