The said branch of the 1 Eliz. letters patents, and by letters patents grounded thereupon, the said commissioners have, to the great and insufferable wrong and oppression of the king's subjects, used to fine and imprison them, and to exercise other authority not belonging to ecclesiastical jurisdiction restored by that act, and divers other great mischiefs and inconveniencies have also ensued to the king's subjects, by occasion of the said branch and commissions issued thereupon, and the executions thereof: therefore for the repressing and preventing of the aforesaid abuses, mischiefs and inconveniencies in time to come; III. Be it enacted by the king's most excellent majesty, and the lords and commons, in this present parliament assembled, and by the c. 1, repealed authority of the same, that the aforesaid branch, clause, article or sentence, contained in the said act, and every word, matter and thing contained in that branch, clause, article or sentence, shall from henceforth be repealed, annulled, revoked, annihilated and utterly made void for ever; any thing in the said act to the contrary in anywise notwithstanding. Power taken away from other ecclesiastical persons and courts. 3 Cr. 262. IV. And be it also enacted by the authority aforesaid, that no archbishops, archbishop, bishop nor vicar-general, nor any chancellor, official nor bishops and commissary of any archbishop, bishop or vicar-general, nor any ordinary whatsoever, nor any other spiritual or ecclesiastical judge, officer or minister of justice, nor any other person or persons whatsoever, exercising spiritual or ecclesiastical power, authority or jurisdiction, by any grant, licence or commission of the king's majesty, his heirs or successors, or by any power or authority derived from the king, his heirs or successors or otherwise, shall from and after the first day of August, which shall be in the year of our Lord God one thousand six hundred forty and one, award, impose or inflict any pain, penalty, fine, amerciament, imprisonment or other corporal punishment upon any of the king's subjects, for any contempt, misdemeanor, crime, offence, matter or thing whatsoever, belonging to spiritual or ecclesiastical cognizance or jurisdiction, or shall ex officio, or at the instance or promotion of any other person whatsoever, urge, enforce, tender, give or minister unto any churchwarden, sideman or other person whatsoever, any corporal oath, whereby he or she shall or may be charged or obliged to make any presentment of any crime or offence, or to confess or to accuse himself or herself of any crime, offence, delinquency or misdemeanor, or any neglect, matter or thing, whereby or by reason whereof he or she shall or may be liable or exposed to any censure, pain, penalty or punishment whatsoever; upon pain and penalty that every person treble dama- who shall offend contrary to this statute, shall forfeit and pay treble damages to every person thereby grieved, and the sum of one hundred pounds to him or them who shall first demand and sue for the same; which said treble damages and sum of one hundred pounds, shall and may be demanded and recovered by action of debt, bill or plaint, in any court of record, wherein no privilege, essoin, protection or wager of law shall be admitted or allowed to the defendant. And be it further enacted, that every person who shall be once convicted ployment by of any act or offence prohibited by this statute, shall for such act or offence be from and after such conviction, utterly disabled to be or continue in any office or employment in any court of justice whatso Penalty, ges, and one hundred pounds. Offenders convicted, disabled from any office or em the king's letters patents. ever, or to exercise or execute any power, authority or jurisdiction by force of any commission or letters patents of the king, his heirs or successors. to be erected V. And it be further enacted, that from and after the said first day No new court of August, no new court shall be erected, ordained or appointed with the like within this realm of England or dominion of Wales, which shall or power. may have the like power, jurisdiction or authority, as the said high commission court now hath or pretendeth to have; but that all and every such letters patents, commissions and grants, made or to be made by his majesty, his heirs or successors, and all powers and authorities granted, or pretended or mentioned to be granted thereby, and all acts, sentences and decrees to be made by virtue or colour thereof, shall be utterly void and of none effect. Repealed by 13 Car. 2, stat. 1, c. 12, s. 2, except as to the high commission court, &c. 7 & 8 VICTORIA, CAP. 102.-An act to repeal certain penal enactments made against her majesty's Roman catholic subjects.-See Title"UNIFORMITY OF SERVICE." 9 & 10 VICTORIA, CAP. 59.-An act to relieve her majesty's subjects from certain penalties and disabilities in regard to religious opinions.— See Title- UNIFORMITY OF SERVICE." SPACE LEFT FOR REFERENCE, IF NECESSARY, TO ACTS OF PARLIAMENT PASSED SUBSEQUENT TO A. D. 1846. ECCLESIASTICAL LAWS. 25 HENRY 8, CAP. 19, SECS. 1, 2.-The submission of the clergy, and restraint of appeals.-See Title="APPEALS TO THE SEE OF ROME," vol. i. p. 124. PP. & M. c. 8. 27 HENRY 8, CAP. 15.-The king shall have authority to name Exp. and thirty-two persons, namely, sixteen spiritual and sixteen temporal, to repealed by examine the canons and constitutions heretofore made according to the statute of 25 H. 8, c. 9. But no canons or constitutions shall be made without the king's assent, nor which be contrary to the 3 & 4 Ed. 6, king's prerogative or the laws of this realm. 35 HENRY 8, CAP. 16.-See Title-" ARTICLES OF RELIGION," vol. i. p. 178. See 35 H. 8, c. 16. c. II. premacy, in causes, hay ought to be stood by the better under subjects. shall have to nominate 3 & 4 EDWARD 6, CAP. 11.-An act that the king's majesty may nominate and appoint thirty-two persons, to peruse and make ecclesiastical laws.-Albeit the king's most excellent majesty, governor and The royal suruler under God of this realm, ought most justly to have the ecclesiastical government of his subjects, and the determination of their causes, ingen long as well ecclesiastical as temporal; yet the same, as concerning disused, ecclesiastical causes having not of long time been put in use nor exercised, by reason of the usurped authority of the Bishop of Rome, be not perfectly understood nor known of his subjects, and therefore of necessity, as well for the abolishing and putting to utter oblivion the said usurped authority, as for the necessary administration of justice to his loving subjects: it may please his highness, that it may be enacted by his most gracious assent, with the assent of the lords spiritual and temporal, and the commons of this present parliament assembled, and by the authority of the same, that the king's The king majesty shall from henceforth during three years, have full power, power, for authority and liberty to nominate and assign by the advice of his three years, highness' council, sixteen persons of the clergy, whereof four to be thirty-two bishops, and sixteen persons of the temporalty, whereof four to be persons; learned in the common laws of this realm, to peruse and examine to be bishops the ecclesiastical laws of long time here used, and to gather, order, common lawand compile such laws ecclesiastical, as shall be thought to his yers, to commajesty, his said council, and them or the more part of them, con- astical laws, venient to be used, practised and set forth within this his realm, and other his dominions, in all spiritual or ecclesiastical courts and conventions. And if after such nomination, any of the persons so to be nominated, happen to die, that then his highness by the advice of his said council, during the said three years, shall have full power and authority, from time to time, to nominate and assign other in their places, to supply the said number of two and thirty persons: and that the said two and thirty persons so nominate, as is aforesaid, at all times from time to time, during the said three years, shall have full power and authority to assemble themselves by his highness' commandment, for the perfect collection, compiling and ordering of the said laws. And be it also enacted by the authority aforesaid, four of which and four, pile ecclesi -and the by the king's that such laws ecclesiastical so compiled, gathered and ordered by laws by them compiled, the said thirty-two persons, or the more number of them, and set and set forth forth, published and declared by the king's majesty's proclamations, proclamation with the said advice, under his highness' great seal, shall by virtue shall be the of this present act be only taken, reputed, practised, and put in use siastical laws for the king's ecclesiastical laws of this realm, and no other; any law, statute, usage or prescription to the contrary thereof notwithstanding. king's eccle -and none shall incur ing them. II. Provided always, and it is ordained and enacted by the any penalty, authority aforesaid, that no manner of person or persons, shall at for execut any time hereafter incur, or be in contempt, pain, forfeiture or loss, or in danger of any action, or suit of premunire, by mean or occasion of executing, or putting in exercise of any laws or matter, which shall be devised by the said two and thirty persons, or the more part of them, and set forth by proclamation under the great seal of England, or for holding of any manner of plea, or making of any process, touching or concerning any such laws or matter; any statute, law or custom to the contrary in any wise notwithstanding. The king's prohibitions, obeyed in ecclesiastical courts, as before. III. Provided also, and be it enacted by the authority abovesaid, &c. shall be that all and every ecclesiastical judge and minister, that shall execute any thing by virtue of any such laws so to be set forth, as is abovesaid, shall from time to time obey the king's writ and writs of prohibition or attachment, upon prohibition and indicavit, and not to proceed contrary to the tenor of such writ or writs, in such and the same manner, form and condition, as they have, or ought to have done before the making of this act, any thing in this act to the contrary in any wise notwithstanding. The thirtytwo persons, IV. Provided always, and be it enacted by the authority abovesaid, and the king, that this act or any thing therein contained, shall not extend, or be shall not set interpreted, to give any authority to the said two and thirty persons, contrary to or the more number of them, or to the king's highness, for to forth any law the laws of the land. compile, establish, publish, or set forth any ecclesiastical laws repugnant, or contrary to the common law or statute of this realm, any thing in this act to the contrary notwithstanding. 1 & 2 PHILIP & MARY, CAP. 8.-An act repealing all articles and provisions made against the see apostolic of Rome, since the twentieth year of king Henry the eighth, and for the establishment of all spiritual and ecclesiastical possessions and hereditaments conveyed to the laity.-See Title-" APPEALS TO THE SEE OF ROME," vol. i. p. 126. SPACE LEFT, FOR REFERENCE, IF NECESSARY, TO ACTS OF PARLIAMENT PASSED SUBSEQUENT TO A. D. 1844. |