June 1654: An Ordinance for enabling the Judge or Judges of the Northern Circuit to hold an Assize and Gaol-delivery at Durham.

June, 1654

[9 June, 1654.]

Assizes shall be held at Durham by the Judges for the Northern Circuit.; Continuance of Actions, Pleas, Precepts, Writs, &c.; Proces, Pleas, Demurrers, Proceedings, Actions, Suits, Bills and Plaints depending there 22 Aug. 1642, or since, shall stand good.

For the more speedy Administration of Justice within the County of Durham, and that Tryals and Determinations of Actions and Suits now depending in the said County, or which are commenced, or to be commenced, in any Court or Courts of Record at Westminster, and laid tryable, or to be tryed within the said County may be had, and that Fines may be levied, and Common Recoveries, and other Assurances of Manors, Lands, Tenements and Hereditaments lying within the said County, may be had, suffered and perfected, and that the Gaol of the said County may be delivered of the prisoners therein being, or which at any time hereafter shall be in the Gaol of the said County, Be it Ordained by His Highness the Lord Protector of the Commonwealth of England, Scotland, and Ireland, and the Dominions thereto belonging, by and with the consent of His Council, That Sessions of Assizes, Nisi Prius, Oyer and Terminer, and general Gaol-Deliveries for the said County of Durham, shall from time to time until further order, be holden and kept at the City of Durham, by the Justice or Justices which from time to time hereafter shall be assigned or appointed for the Northern Circuit. And that all Actions as well real as personal, and all other Actions mixt or otherwise, and all Pleas, Precepts, Writs, Proces, Demurrers, Recognizances, Fines, Recoveries, and all other Proceedings, matters and things which were depending in the Court of Pleas at Durham, upon the Two and twentieth day of August, One thousand six hundred forty and two, or at any time since, and are now discontinued and put without day, by not coming of the Justices shall be and stand revived, recontinued, and of as full force and effect in Law, to all intents and purposes, as they were the said Two and twentieth day of August, One thousand six hundred forty two, or at any time since: And that all such Proces, Pleas, Demurrers, and Proceedings, and every such Action and Actions, Suits, Bills of Plaints, which were depending upon the said Two and twentieth day of August, One thousand six hundred forty two, or at any time since, shall stand good and effectual, and be proceeded in, and sued forth in such maner and form, and be in the same plight, estate, condition and order, as if the same discontinuance, obstruction or hinderance had never happened, Any discontinuance, miscontinuance, obstruction, putting without day, or not prosecuting of the same to the contrary notwithstanding; And that the said Justice or Justices, so to be assigned as aforesaid, after such time as he or they shall have the Records of the same Pleas or Proces before him or them, shall have full power and authority to continue the same Pleas, Proces and all things that depend upon them, and to hear, and finally to determine thereupon, according as any other Justice or Justices, of any Sessions heretofore held at Durham before the said Two and twentieth day of August, One thousand six hundred forty two, might or ought to have done, in case there had not been any obstruction, discontinuances, or not coming of the said Justices as aforesaid.

Actions depending in the Courts at Westminster, for matters arising within the County of Durham, shall be tryed at Durham.

And be it further Ordained, That all actions now depending, or which hereafter shall be depending in the Courts of Upper Bench, Common-Pleas, and Exchequer at Westminster, or any of them, for any matter or cause arising within the said County of Durham, or triable in the said County, and now at Issue, or which shall at any time or times hereafter, be brought to Issue, shall by such means, Proces, Writs and proceedings, as in like cases in other Counties is usual, to be tryed in the said County of Durham; And after such tryals had, shall be further proceeded in, in the said several and respective Courts, according to Law, as in like cases upon trials in any other Counties in England.

Writs directed to the Sheriff of Durham, and proceedings thereupon, shall be valid.; The said Judges power to hear and determine in criminal causes, &c.; Gaol Delivery.

And likewise that all Writs and Proces, which have since the Two and twentieth of August, One thousand six hundred forty two issued forth of the said several Courts of Upper-Bench, Common-Bench and Exchequer at Westminster, or any of them, directed to the Sheriff of the County of Durham for the time being, and all other Returns, and other proceedings thereupon, shall be as good and effectual in the Law, to all intents and purposes, as any the like Writs and Processes, directed to other Sheriffs of any other Counties of England, and Returns and other Proceedings thereupon, are or ought to be; And that such further Proces, Proceeding, Tryal, Judgement and Execution may be had thereupon, as in other Counties, upon like Writs, Proces and Actions. And that they the aforesaid Justice or Justices to be assigned, shall likewise hear and determine all and all maner of Treasons, Petty Treasons, Murthers, Manslaughters, Felonies, Burglaries, Rapes, Trespasses, Riots, Routs unlawful Assemblies, and all other offences and injuries whatsoever, tryable, done or committed by any person or persons whatsoever, within the said County of Durham, against any the Statutes or Laws of this Nation in such cases made and provided. And also from time to time to make or cause to be made, Delivery and Deliveries of the Gaol of the said County, according to the Law and Customs of England; and that the said Justice or Justices shall act, do and perform the said matters and things, and all other matters and things, in such maner and form, as any other Justice or Justice of Assize, or other Justice of the Pleas of the Crown, Common-Pleas, and other Pleas at Durham or any of them, have usually and respectively acted, done and performed at any time heretofore.

Commissions shall be issued under the Great Seal to such Justices.; Sheriff to cause Proclamation of Summons.

And the Lords Commissioners for the custody of the Great Seal of England, are hereby required and authorized from time to time, to issue forth to the said Justice or Justices to be assigned as aforesaid, for the execution of the premises, such Commission or Commissions, as into other Counties of England, are or shall be issued: And commanding and enjoyning likewise the Sheriff of the said County of Durham for the time being, that he cause Proclamation and notice to be given within all places within the said County, as well within Liberties as without, To all Earls, Barons, Knights, Justices, Mayors, Bayliffs, Stewards, Officers, Ministers and other persons whatsoever, dwelling and residing within the said County, having any thing to do at any of the said Sessions, that they then and there attend upon the said Justice and Justices, and be in all things requisite, to them ayding and assisting.

Fines and Recoveries of Lands lying in the County of Durham, before Justices of Assize at Durham since August 22, 1642, or which shall hereafter be, shall be proceeded in as other Fines and Recoveries.; Who shall make Writes of Covenant, Writs of Entry, Dedimus potestatem's, into the County of Durham.

And it is further Ordained and Declared by the authority aforesaid, That as well all such Fines and common Recoveries of any Honors, Manors, Lands, Tenements or Hereditaments, lying or being within the said County of Durham, as were taken before the Justice or Justices of any Assizes holden at Durham aforesaid, at any time or times since the said Two and twentieth of August, One thousand six hundred forty two, or which have been or shall hereafter be taken or acknowledged at any Assizes hereafter to be holden at Durham as aforesaid, or which shall be taken and acknowledged by vertue of any Commission directed to any Judge of either Bench, Barons of the publique Exchequer, Serjeant at Law, or any other special Commissioners, according to the accustomed maner of taking Fines, and suffering Recoveries of Lands lying in any other County within the Commonwealth of England, shall be ordered, entered and ingrossed, and likewise proceeded in for perfecting thereof, in the Court of CommonPleas at Westminster, and in such Offices and Places, and in such maner and form, and by and before such Officers, as other Fines and Recoveries respectively taken of or for Lands, Tenements, and other Hereditaments lying within any other County or Counties of England, which are not, or have not been Counties Palatine, are and have been usually Entered, Inrolled, Ingrossed, Ordered and otherwise proceeded in; And that all Writs of Covenant, Writs of Entry, Dedimus Potestatem's, to take the Captions or Acknowledgments of Fines and Warrants of Attorney for Recoveries within the said County of Durham, shall be issued and made by the present Cursitor of the Counties of Monmouth and Hereford, who was also sworn and admitted Cursitor for the said County of Durham, by the Lords Commissioners of the Great Seal, in as full and ample maner and form as any Writs of the like nature are, or have been heretofore usually issued and made, by any of the Cursitors of the Chancery of England, in any other of the Counties of England; which Fine and Fines, and all and every Recovery and Recoveries, heretofore levyed or suffered, or hereafter to be levyed or suffered, of any Honors, Manors, Lands, Tenements or Hereditaments lying or being within the said County of Durham, in maner and form aforesaid, or heretofore passed in the Court of Common-Pleas at Westminster, of any Lands or Tenements in the said County, shall be of the same and the like force, strength and effect in Law, to all intents, constructions and purposes as any other Fine or Fines levyed, and common Recoveries suffered, in the said Court of Common-Pleas at Westminster, of Lands lying in any other County, are or is, Any Law, Statute, Custom or Usage to the contrary notwithstanding.

Continuance of this Ordinance.

And be it also Ordained by the Authority aforesaid, That this Ordinance, and all and every Clause, Article, matter and thing therein contained, shall stand, remain and be in full force and effect, to all intents, constructions and purposes, until further Order to the contrary.