C R HONI SOIT QVI MAL Y PENSE DIEV ET MON DROIT royal blazon or coat of arms Anno Regni CAROLI II. REGIS Angliae, Scotiae, Franciae, & Hiberniae, DUODECIMO. At the Parliament begun at Westminster, the 25th day of April, Anno Domini, 1660. In the Twelfth Year of the Reign of our most Gracious Sovereign Lord CHARLES, by the Grace of God, of England, Scotland, France, and Ireland, King, Defender of the Faith, etc. LONDON, Printed by John Macock, and Francis Titan, Printers to the House of Peers, 1660. C R HONI SOIT QVI MAL Y PENSE DIEV ET MON DROIT royal blazon or coat of arms ANNO XII. Caroli II. Regis. An Act for the continuance of Process and Judicial Proceed. WHereas the four first Retorns of Easter Term, in the Year 1660. of late called, from Easter day in fifteen days, from Easter day in three weeks, from Easter day in one month, and from Easter day in five weeks, or any of them, cannot be conveniently kept or holden: Now for avoiding all manner of discontinuances whatsoever, which by occasion thereof should or might happen, or be in any matter or Cause whatsoever, in any the Courts at Westminster: Be it Enacted by the Kings Most Excellent Majesty, and the Lords and Commons Assembled in Parliament, That no Pleas, Writs, Bills, Actions, Suits, Plaints, Process, Precepts, or other thing or things whatsoever, Pleaded, Returned, or Depending, or having day or days in any of the said Courts, in or at the said several Retorns, or any of them, or at any other day or days certam after any of the said Retorns, shall be in any wise discontinued, or put without day, for or by reason of the not keeping or holding of the said Retorns, or days, or any of them; but that all and singular the said Pleas, Writs, Bills, Actions, Suits, Plaints, Process, Precepts, and other the Premises aforesaid, shall stand, continue, and be good and effectual in Law, to all Intents and Purposes, as if the said Retorns and days, and every of them, had been actually kept and holden in all and every the said Courts; any Law, Statute, Custom, or Usage to the contrary thereof in any wise notwithstanding. And be it further Enacted by the Authority aforesaid, That all Pleas, Writs, Bills, Actions, Suits, Plaints, Process, Precepts, and other thing or things whatsoever aforesaid, pleadable, or to be pleaded, Retornable, or to be Returned, or having day in any manner whatsoever at any of the said Retorns, or any day or days certain after any of the said Retorns, Be and are hereby continued and adjourned, unto (and shall or may be Pleaded, Returned, Herd, and Determined in the Respective Courts aforesaid) at, or on the fifth return of the said Term, of late called, In the morrow of the Ascension of our Lord, And that all Parties in any Pleas, Writs, Bills, Actions, Suits, Plaints, Process, or other thing or things whatsoever, having days given them at any of the said four first Retorns, or at any other day or days certain, after any of the said Retorns in the said Courts, or any of them, by virtue of this present Act, have the said return of late called, In the morrow of the Ascension of our Lord, prefixed them therein; And that all Sheriffs, Officers, and other Ministers whatsoever, and every of them respectively, keep in their hands all Writs, Bills, Process and Precepts, and all other things whatsoever to them directed respectively Retornable, or to be Returned in the several Courts aforesaid, at the said four first Retorns, or any of them, in or at any day certain, as aforesaid, until the said fifth return, of late called, The morrow of the Ascension of our Lord, and then return the same into the said several Courts respectively, That such proceed may be then had thereupon, as should have been had, in case the said four first Retorns had been kept and holden. And be it further Enacted by the Authority aforesaid, That no Writs, Process, Plaints, Pleas, Informations, Indictments, or judicial Proceed, had, Commenced, or Prosecuted before the fifth day of May, in the said Year of our Lord 1660. in the Name, Style, Title, or Test of Custodes Libertatis Angliae Authoritate Parliamenti; or in the Name, Style, Title, or Test of The Keepers of the Liberty of England by Authority of Parliament; or in the Name, Style, Title or Test of Oliver Lord Protector of the Commonwealth of England, Scotland, and Ireland, and the Dominions thereto belonging; or in the Name, Style, Title, or Test of Oliver Lord Protector of the Commonwealth of England, Scotland, and Ireland, and the Dominions and Territories thereunto belonging; or in the Name, Style, Title, or Test of Richard Lord Protector of the Commonwealth of England, Scotland, and Ireland, and the Dominions and Territories thereto belonging, shall be put without day, abated, quashed, or discoutinued by His Majesty's most just reassumption of the actual Exercise of His Kingly Government in this Kingdom; nor shall the same be cause of Error, Abarement, or Discontinuance, but that all such Writs, Process, Plaints, Pleas, Informations, Indictments, and judicial proceedings, and all Commissions for taking of Answers, or Examination of Witnesses, Commission for taking of Fines, and Warrants of Attorney, Guardians, or Procheinamy, shall stand and be continued, and shall and may be proceéded upon, prosecuted, and returned, notwithstanding the same were commenced or prosecuted in English, and notwithstanding the present happy Change and Restitution of His Majesty's Name and Style in judicial proceedings. And be it further Enacted by the Authority aforesaid, That one pretended Act made in the Year of our Lord, 1650. Entitled, An Act for turning the Books of the Law, and all Process and Proceed in Courts of Justice, into English, shall stand and be in force, as if the same had been a good and effectual Act, from the first return of Easter Term, in the Year of our Lord 1651. until the first day of August, in the Year of our Lord 1660. and no longer. And whereas by one other pretended Act, made in the said Year of our Lord 1650. Entitled, An Act touching Corn and Meal, It was Enacted, or mentioned to be Enacted, That from and after the 20th day of November, 1650. It should and might be lawful to and for any Person or Persons, Defendant or Tenant, for or by reason of any matter to be Pleaded, set forth, or alleged in Bar to any Action Real, Personal, or mixed in any Court of Record, to plead the General Issue of Not Guilty, or the like General Issue proper to the Nature of the Action or Suit Commenced; and for his or their Discharge or Acquitting to give any such matter in evidence to the jury that shall try the same, And that the said m●tter shall be as available to such person or persons Detendant or Tenant to all intents and purposes, as if the said matter had been specially pleaded, set forth, or alleged in Bar of such Action. Be it further Enacted, That the said pretended Act, as touching the pleading of the general Issue, shall by Authority hereof, stand and be in full force and effect according to the Tenor thereof, until the said first day of August, as if the same had been a good and effectual Act of Parliament, and no longer. Provided always, That where the general Issue hath been since the said 20th day of November 1650. pleaded, or shall before the said first day of August in the said Year of our Lord 1660. be pleaded in any Action, That then upon the Trial of the said Cause, such Evidence shall and may be allowed as if the said pretended Act touching the pleading of the General Issue had been and continued a good and effectual Act of Parliament not determined or discontinued. Provided also, That His Majesty's Royal Assent to the passing of this Bill, shall not extend, or be construed to extend to the determining of the Session of this present Parliament. Provided nevertheless, and be it Enacted, That all Writs, Patents, and Commissions for Constituting justices of either Bench, and Barons of the Exchequer, Commissions of Oyer and Terminer and Goal Delivery, and Precepts upon Commissions of Oyer and Terminer and Goal Delivery, and all other Commissions hereafter to be made by the Clerk of the Crown in the Chancery●, Charters, and Letters Patens under the Great Seal, of Lands, Liberties, Honours, or Offices, do or may Issue in the King's Majesty's Name, in the same manner as was usual before the making of the said first recited pretended Act, any thing in this present Act to the contrary thereof before expressed, in any wise notwithstanding. Tudor rose, French fleur-de-lis, and Scottish thistle Imprinted at LONDON by John Macock and Francis Titan, Printers to the House of PEERS. Anno Domini 1660.