depiction of the state arms of the Commonwealth (1649-60) consisting of the cross of St. George (patron saint of England) and the Irish harp AN ORDINANCE For alteration of several Names and Forms heretofore used in Courts, Writs, Grants, Patents, Commissions, etc. and settling of Proceed in Courts of Law, Justice and Equity, within the Commonwealth of England, Scotland, and Ireland, according to the present Government. 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. And the said LORD PROTECTOR finding it to be most necessary, that some speedy and effectual course be taken for settling the Names, and Forms to be used in Parents, Commissions, and Procedings 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 Proceed of Law, justice or Equity, within the said Commonwealth of England, Scotland, and Ireland, and the Dominions thereto belonging, instead 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. And that all Duties, Profits, Penalties, Issues, Fines, Amercements, and Forfeitures whatsoever, which heretofore were sued for in the name of the Keeper's of the Liberty of England by Authority of) Parliament, shall from & 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 Common wealth of England, Scotland, and Ireland, and the Dominions thereto belonging, and no other. And in all or any of the proceed 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 Decemb it shall be, The jurors for the LORD PROTECTOR of the Commonwealth of England, Scotland, and Ireland, etc. 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 Authorized and Required to proceed accordingly; And whatsoever shall from & 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. 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 Proceed 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 manner 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, Process, or Proceed, 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. 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 Misdemeanours whatsoever, the plead therein, and the issues thereupon, shall and may be joined 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, manner 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 & some 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 Process, 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 manner and form, and in the same Estate, Condition, and Order, as the same were at the tenth day of December aforesaid; And that all manner of judicial process 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, & all proceed 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 Process and proceed 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. 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, etc. or for any Debt due to the late King or Keepers of the Liberty, etc. 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, etc. 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 King's time, and the Indictments, Presentments, Inquisitions, Actions, Informations and Suits, were to be in another King's time, saving that the Name of the said LORD PROTECTOR shall be used in the stead and place of the succeeding King, or the Keepers of the Liberty, etc. 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 aswel unto Appeals as Indictments, Presentments, and Inquisitions, as the Case shall require. 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 Keepers of the Liberty, etc. 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, etc. 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 proceed as were heretofore used in the name and time of the Keepers of the Liberty, etc. 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. Monday the 26. of December, 1653. Ordered by His Highness the Lord Protector, and His Council, That this Ordinance be forthwith Printed and Published. HEN. SCOBELL, Clerk of the Council. London, Printed by Henry Hills, Printer to his Highness the Lord Protector, MDCLIII.