January, 1649
[29 January, 1648/9.]
New style and form in legal proceedings, writs, etc.; All done contrary to this Act void.; Saving for writs, grants, and patents passed under Great Seal of England, and for actions now depending.
Be it Enacted by this present Parliament and by Authority of
the same, 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 Kingdoms of England and Ireland, Dominion of
Wales, and Town of Berwick upon Tweed, Instead of the Name,
Stile, Title and Teste of the King, heretofore used, That from
henceforth the Name, Stile, Title, and Teste of Custodes libertatis
Angliœ authoritate Parliamenti, shall be used, and no other; And
the date shall be the year of the Lord, and none other: And that
all Duties, Profits, Penalties, Issues, Fines, Amerciaments and
Forfeitures whatsoever, which heretofore were sued for in the Name
of the King, shall from henceforth be prosecuted, sued for, and
recovered in the said Name of Custodes libertatis Anglice authoritate Parliamenti, and no other: And in all or any of the Proceedings
aforesaid, where the words were Juratores pro Domine Rege from
henceforth it shall be Juratores pro Re-publica And where the
words in any of the Proceedings aforesaid used to be Contra Pacem,
dignitatem vel Coronam nostram That from henceforth these
words Contra Pacem Publicam instead of them, or any of them
shall be only used: And all Judges, Justices, Officers and Ministers
of Justice whatsoever, are to take notice hereof, and are hereby
authorized and required to proceed accordingly, and no otherwise,
And whatsoever henceforth shall be done contrary to this Act,
shall be, and is hereby declared to be Null and void. Provided
alwayes that all Writs issued out of the Chancery, and all Writs and
Patents of the Justices of the one Bench and of the other, Barons
of the Exchequer, Commissions of Oyer and Terminer, Gaol
Delivery, and Justices of the Peace, and all other Commissions,
Patents and Grants made and passed under the Great Seal of
England, shall stand good and effectual in the Law, notwithstanding the death of the King, Anything in this Act, or in any Article
therein contained, or any Law, Statute or Custom to the contrary
thereof in any wise notwithstanding. And it is hereby further
Ordained and Enacted by the authority aforesaid, That all Writs
Original already issued out under the Great-Seal, and all Actions,
Suits, Bills, or Plaints now depending in any Court of Record in
Westminster-Hall, or any other Court of Record, and all Process,
Pleas, Demurs, Continuances and Proceedings in every such Action,
Actions, Suits, Bills, and Plaints shall be returnable, stand good
and effectual, and be prosecuted, and sued forth, in such manner
and form, and in the same state, condition and order; the said
changes and alterations to be as before in this Act is expressed, the
Death of the King, or 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,
Process or Proceedings in the Name, Stile, Teste or otherwise shall
not be in anywise material, as concerning any Default or Error to
be alleadged or objected thereunto.