November 1653: An Act for Repealing of a Branch of a certain Act of the late Parliament, Entituled, An Act for Subscribing the Engagement.

November, 1653

[4 November, 1653.]

Be it Enacted by this present Parliament, and the Authority thereof, That one Branch of a certain Act of the late Parliament, Entituled, An Act for Subscribing the Engagement, in these words following; That is to say,

And it is Further Enacted and Declared, That all and every person or persons that expects benefit from the Courts of Justice of this Commonwealth; and that either now are, or hereafter shall be Plaintiff or Plaintiffs, Demandant or Demandants, in any Suit, Plaint, Bill, Action, Information, Writ, Demand, Execution, or any other Proces whatsoever, in any of the Courts of Chancery, the Upper Bench, Common Pleas, Publique Exechequer, Dutchy Court, or in any other Court of Record, or in any other Court in the County, City, Town Corporate, or in any place of Priviledge, or any other place whatsoever within the Commonwealth of England; or before any Judge or Judges, or other person or persons that have, or claim to have cognizance of any maner of Pleas; or before any Commissioner or Commissioners under the Great Seal of England, or by any other lawful Authority; or before any person or persons as Committees or Commissioners, or otherwise authorized by Authority of Parliament, shall take and subscribe, and are hereby required to take and subscribe the aforesaid Engagement, as in this present Act is directed and appointed: And that it shall and may be lawful for all and every person or persons that are and shall be Defendant and Defendants, or that are or shall be sued, impleaded; attached, arrested, molested or complained against in any such Courts as abovesaid; or before any the said Judges, Commissioners or persons aforesaid, by themselves, or by some others on his or their behalf, from and after the Twentieth of April, in the year One thousand six hundred and fifty, to plead, aver, or to move in arrest of Judgement, or to move for a Supersedeas, or stopping further Proceedings in such Suits, Plaints, Bills, Actions Informations, Writs, Demands or Execution, or any other Proces whatsoever as abovesaid; That the Plaintiff or Plaintiffs, Demandant or Demandants, person or persons com plaining, or any of them, in such Suit, Plaint, Bill, Action, Information, Writ, Demand, Execution, or other Proces whatsoever as abovesaid, have not taken and subscribed the said Engagement as above is directed and appointed: And thereupon all and every the Judges of such Courts, and persons as abovesaid, before whom such suits, plaints, bills, actions, complaints, informations, Writs, Demands, Executions or other Proces is or shall be depending, shall and may, and are hereby authorized and required to admit such Plea or Averment, in stop of all or any such Suits, Plaints, Bills, Actions, Informations, Writs, Demands, or other Proces as abovesaid: And all such Pleas, Averments, or such Motions in Arrest of Judgement, or in Superseding or stopping further Proceedings as abovesaid, and to hear and determine the same, and to stop all further Proceedings in all such Suits, Plaints, Bills, Actions, Informations, Writs, Demands, Executions, or other Proces as abovesaid, until it shall duly appear to the said Judges, Comissioners and persons abovesaid respectively, That the said Plaintiff or Plaintiffs, Demandant or Demandants, or persons complaining, have or shall subscribe the said Engagement.

And all and every Clause, Sentence, Matter and thing in the said recited Branch, and every or any part thereof contained, shall from and after the Fifth day of November, in the year of our Lord One thousand six hundred fifty and three, be repealed, made null and void to all intents and purposes, Any thing in the aforesaid Act for Subscribing the Engagement, contained to the contrary thereof in any wise notwithstanding.