25 H. 8.c. 20. jurifdiction and authority did ufe accordingly: (2) and that also the faid late King, in the five and twentieth year of his reign, did by authority of parliament, amongst other things, fet forth a certain order of the manner and form how archbishops and bishops, within this realm and other his dominions, fhould be elected and made, as by the fame more plainly appeareth: (3) and that alfo the late King of worthy memory, King Edward the Sixth, did lawfully fucceed the faid late King Henry his father, in the imperial crown of this realm, and did justly poffefs and enjoy all the fame power, jurifdiction and authority beforemention'd, as a thing to him defcended with the fame imperial crown, and fo ufed the fame during his life: (4) and that alfo the faid late 5 & 6 Ed. 6. King Edward the Sixth, in his time by authority of parliament cauf- c. 1. ed a godly and virtuous book, intituled, The book of common prayer, and adminiftration of facraments, and other rites and ceremonies in the church of England, to be made and set forth, not only for one uniform order of fervice, common prayer, and the adminiftration of facraments, to be used within all this realm and other bis dominions, but also did add and put to the fame book a very good and godly order of the manner and form how archbishops, bishops, priests, deacons and minifters, should from time to time be confecrated, made and ordered within this realm and other his dominions, as by the fame more plainly will and may appear: (5) and although in the time 1 & 2 Ph. & M. of the late Queen Mary, as well the faid act and ftatute made in the c. 8. five and twentieth year of the reign of the faid late King Henry the Eighth, as alfo the feveral acts and ftatutes made in the fecond, third, fourth, fifth and fixth years of the reign of the faid late King Edward, for the authorifing and allowing of the faid book of common prayer, and other the premiffes, amongst divers other acts and ftatutes touching the faid fupream authority, were repealed: yet nevertheless, 1 El. c. I. at the parliament holden at Westminster in the first year of the reign of our fovereign lady the Queen's majesty that now is, by one other act and ftatute there made, all fuch jurisdictions, privileges, fuperiorities and preheminences fpiritual and ecclefiaftical, as by any fpiritual or ecclefiaftical power or authority hath heretofore been, or may lawfully be used over the ecclefiaftical eftate of this realm, and the order, reformation and correction of the fame, is fully and abfolutely by the authority of the fame parliament, united and annexed to the imperial crown of this realm: (6) and by the fame act and ftatute there is alfo given to the Queen's highness, her heirs and fucceffors, Kings and Queens of this realm, full power and authority, by letters patents under the great feal of England, from time to time to affign, name and authorife fuch perfon or perfons as she or they shall think meet and convenient, to exercife, ufe, occupy and execute under her Highness, all manner of jurifdiction, privileges, preheminences and authorities, in any wife touching or concerning any spiritual or ecclefiaftical power or jurifdiction within this realm, or any other her Highness dominions or countries: (7) and alfo by the fame act and ftatute, the faid act made in the five and twentieth year of the reign of the faid late King Henry the Eighth, for the order and form of the electing and making of the faid archbishops and bishops, together with divers other flatutes touching the jurifdiction over the ftate ecclefiaftical, is revived and made I 1 El. c. 2. in full force and effect, as by the fame act and statute more plainly appeareth: (8) and that alfo by another act and ftatute made in the faid parliament in the first year of the reign of our faid fovereign Lady, intituled, An act for the uniformity of common prayer, and fervice in the church, and the administration of facraments, the faid book of common prayer, and the adminiftration of facraments, and other the faid orders, rites and ceremonies before-mentioned, and all things therein contained, with certain additions therein newly added and appointed by the faid eftatute, is fully established and authorifed to be used in all places within this realm, and all other the Queen's majesty's dominions and countries; as by the faid act, amongst other things, more plainly appeareth: (9) whereupon our faid fovereign la dy the Queen's most excellent majesty, being moft justly and lawfully invested in the imperial crown of this realm, with all authorities, preheminences and dignities thereunto appertaining, and thereby having in her majesty's order and difpofition all the faid jurifdictions, power and authorities over the flate ecclefiaftical and temporal, as well in caufes ecclefiaftical as temporal, within this realm and other her Majesty's dominions and countries, hath by her fupream authority, at divers times fithence the beginning of her Majefty's reign, caufed divers and fundry grave and well learned men to be duly elected, made and confecrated archbishops and bishops of divers archbishopricks and bishopricks within this realm, and other her Majesty's dominions and countries, according to fuch order and form, and with fuch ceremonies in and about their confecrations, as were allowed and fet forth by the faid acts, ftatutes and orders annexed to the faid book of common The Queen by prayer before-mentioned: (10) and further, for the avoiding of all her fupream ambiguities and questions that might be objected against the lawful authority confirmations, investing and confecrations of the said archbishops and bishops, her Highness in her letters patents under the great feal of England, directed to any archbishop, bishop or others, for the conconfecrated firming, investing and confecrating of any perfon elected to the office or archbishops dignity of any archbishop or bishop, hath not only used fuch words and and billiops. fentences as were accustomed to be used by the faid late King Henry and King Edward, her Majesty's father and brother, in their like letters patents made for fuch caufes, but also hath ufed and put in her Majefty's faid letters patents divers other general words and fentences, whereby her Highness, by her fupream power and authority, hath dif penfed with all caufes or doubts of any imperfection or difability that can or may in any wife be objected against the fame, as by her Majefty's faid letters patents remaining of record more plainly will appear: (11) fo that to all thofe that will well confider of the effect and true intent of the faid laws and ftatutes, and of the fupream and abfolute authority of the Queen's highness, and which fhe by her Majesty's faid letters patents hath ufed and put in ure in and about the making and confecrating of the faid archbishops and bishops, it is and may be very evident and apparent, that no caufe of firuple, ambiguity or doubt, can or may justly be objected against the faid elections, confirmations or confeerations, or any other material thing meet to be used or had in or about the fame; but that every thing requifite and material for that purpose hath been made and done as precifely, and with as great a care and dili caused divers perfons to be elected and The Queen's difpentation of all doubts of imperfections or difability of electing bishops. gence, gence, or rather more, as ever the like was done before her Majesty's time, as the records of her Majefty's faid father and brother's time, and alfo of her own time, will more plainly testify and declare: craments. III. Wherefore for the plain declaration of all the premiffes, A confirmaand to the intent that the fame may the better be known to every tion of theftaof the Queen's majefty's fubjects, whereby fuch evil speech as tute of 1 El. heretofore hath been used against the high ftate of prelacy may the book of c. 2. touching hereafter cease, (2) be it now declared and enacted by the autho- common rity of this prefent parliament, That the faid act and statute made prayer and in the first year of the reign of our faid fovereign lady the Queen's adminiftramajefty, whereby the faid book of common prayer and the admi- tion of the faniftration of facraments, with other rites and ceremonies, is authorized and allowed to be used, fhall ftand and remain good and perfect, to all refpects and purposes: (3) and that fuch order and form for A confirmathe confecrating of archbishops and bishops, and for the making tion of the of priests, deacons and minifters, as was fet forth in the time of ftatute of 5 & the faid late King Edward the Sixth, and added to the faid book touching the of common prayer, and authorized by parliament in the fifth and form of confixth years of the faid late King, shall stand and be in full force and fecrating effect, and shall from henceforth be used and obferved in all pla- archbishops, ces within this realm, and other the Queen's majesty's domi nions and countries: 6 Ed. 6. c. I. &c. about confe virtue of the IV. And that all acts and things heretofore had, made or done All acts done by any person or perfons in or about any confecration, confirma- by any perfon tion or invefting of any perfon or perfons elected to the office or cration or indignity of any archbishop or bishop within this realm, or within vefting any any other the Queen's majesty's dominions or countries, by vir- perfon elected tue of the Queen's majesty's letters patents or commiffion fithence to be bishop by the beginning of her Majefty's reign, be and shall be by authority of Queen's letters this prefent parliament declared, judged and deemed at and from e- patents very of the several times of the doing thereof, good and perfect fithence the to all respects and purposes; any matter or thing that can or may her reign, thall beginning of be objected to the contrary thereof in any wife notwithstanding. be good. V. And that all perfons that have been or fhall be made, or- All perfons dered or confecrated archbishops, bishops, priefts, minifters of made and to God's holy word and facraments, or deacons, after the form and be made order prescribed in the faid order and form how archbishops, minifters, &c. bishops, priests, bishops, priests, deacons and minifters fhould be confecrated, according to made and ordered, be in very deed, and alfo by authority here- the ftat. of 5 of declared and enacted to be, and thall be archbishops, bishops, & 6 Ed. 6. c. I. priests, minifters and deacons, and rightly made, ordered and be lightly made. 39 El, confecrated; any ftatute, law, canon or other thing to the contrary notwithstanding. VI. Provided always and nevertheless be it enacted by the au- No perfon fhall thority aforefaid, That no perfon or perfons fhall at any time here- be impeached after be impeached or molefted, in body, lands, livings or goods, certificate by occafion or mean of any certificate by any archbishop or bi- of any bithop fhop heretofore made, or before the last day of this prefent feffion heretofore of parliament to be made, by virtue of any act made in the first made, touching the oath of feffion of this prefent parliament, touching or concerning the re- fupremacy fufal of the oath declared and fet forth by act of parliament in made 1El.c.1. c. 8. by any The defendant fhall recover cofts and damages where the plaintiff doth delay or difcontinue his fuit, or is nonfuit, &c. 1 Roll. 371. the first VII. And that all tenders of the faid oath, made by any archbishop or bishop aforefaid, or before the last day of this prefent feffion to be made by authority of any act established in the first feffion of this present parliament, and all refufals of the fame oath fo tendred, or before the last day of this present feffion to be tendred, by any archbishop or bishop, by authority of any act establifhed in the first feffion of this prefent parliament, shall be void and of none effect or validity in the law. CAP. II. An alt for the avoiding of wrongful vexation touching the writ of Latitat. WH Here divers perfons of their malicious minds, and without any juft caufe, do many times cause and procure others of the Queen's majesty's loving fubjects, to be very much molefled and troubled by attachments and arrests made of their bodies, as well by process of latitat, alias and pluries capias, fued out of the court commonly called the King's bench, as alfo by plaint, bill or other fuit in the court commonly called the Marfbalfea, and within the city of London, and other cities, towns corporate, and places where any liberty or privilege is to hold pleas of debt, trespass, and other personal actions and fuits: (2) and when the parties that be arrested or attached are brought forth to answer to fuch actions and fuits as should be objected against them, then many times there is no declaration or matter laid against the parties fo arrefted or attached, whereunto they may make any answer; (3) and so without juft the party arrested is very maliciously put to great charges and expences, without any juft or reasonable caufe: and yet nevertheless, hitherto, by order of the law, the party fo grieved and vexed could never have any cofts or damages to him to be judged or awarded for the faid unjust vexation and trouble: The inconvenience of pursuing of fuits upon malice caufe. II. For remedy whereof, Be it enacted and ordained by the authority of this present parliament, That when and as often as any perfon and persons, after the first day of January next coming fhall fue forth, or by any means caufe or procure to be fued forth, of the faid court commonly called the King's bench, any of the writs or process before mentioned, against any person or perfons which upon the fame writ or writs fhall happen to be arrested, or which fhall appear upon the return of any of the said writs or process, (2) and fhall put in his or their bail or bails to anfwer fuch fuit as fhall be objected against him, according to the common order of the court; (3) that then in every such case, Cofts, damages if the party or parties at whose fuit, means or procurement, and charges fame writ, writs or procefs was obtained or fued forth, do not withded, where the in three days next after fuch bail had and taken, put into the fame plaintiff doth court his or their declaration against the fame party or parties adelay his fuit, gainst whom fuch writs or procefs hath been or fhall be fued; (4) doth difcon- or if after declaration had and put into the fame court, the plainnonfuit, in the tiff in fuch cafe fhall not profecute the fame with effect, but fhall King's bench. willingly and apparently to the fame court fuffer his or their faid 1.8.c. 15. fuit to be delayed; (5) or fhall after declaration fo had, fuffer the fhall be awar tinue, or is the fam e Cro. Jac. 111. fame fuit to be discontinued, or otherwise fhall be nonfuit in the 4 Jac. I. c. 3. fame; (6) that then in every fuch cafe, the judges of the faid Cro. El. 69. court for the time being shall by their difcretions from time to time, as they shall fee or perceive any fuch default to be in the party or parties at whofe fuit, means or procurement fuch writs or process was fued forth, award and judge to every such person and perfons fo arrested, vexed, molested or troubled by fuch writs or fuit, his and their cofts, damages and charges by any means fuftained by occafion of any fuch writs, procefs, arrefts or fuits, taken, fued or had against him, to be paid by fuch perfon or perfons that fo doth or fhall cause or procure any such writs or process to be fued forth, as is aforesaid. rate. III, And be it further enacted by the authority aforefaid, That A remedy if if any person or perfons fhall after the faid first day of January the plaintiff cause or procure any other person or perfons to be attached or do delay, difcontinue, or is arrested to answer to any bill, plaint, action or fuit, in the faid nonfuit in the court of the marshalsea, or in any court within the faid city of marshalsea, London, or in any city, borough, town corporate or other place or any city or town corpoor places, where any liberty or privilege is ufed to hold plea in any action or actions perfonal, and do not, in all courts having their continuance de die in diem, within three days next after fuch time as the party defendant or defendants shall be bailed, or otherwife appear in court, by force of any arreft or attachment had and returned, and in all other courts, at the next sessions or court to be holden after fuch arrefts or attachments, and appearance of the party defendant or defendants, whereas the faid party defendant or defendants fhall be compelled or ought to appear, (unless a further day shall be specially given by the difcretion of the court from whence any precept, procefs or attachment fhall be awarded) put and exhibit his bill or declaration against such person or persons, as fo by his fuit or means fhall be attached or arrested, into fuch court where the party by such attachment or arreft is compelled or ought to appear: (2) or if any such person or persons, at whose fuit and means any fuch attachment or arreft of any perfon or perfons shall be so had and made, after his declaration, bill or plaint exhibited, do not from thenceforth profecute the fame his fuit with effect, or fhall fuffer the fame to be difcontinued, or fhall after be nonfuit in the fame, or willingly and apparently to the fame court, fhall for vexation of the defendant in fuch fuit delay the fame fuit: (3) that then in every fuch cafe the judge or judges of every fuch court before whom any perfon or perfons fhall be fo fued, molested or troubled by occafion or mean of fuch attachment or arreft, or by fuch fuit or fuits, fhall forthwith by his or their difcretion, from time to time, as he or they fhall fee or perceive any fuch default or delay in the party that caused or procured any fuch attachment or arrest to be had, award and judge to every such person or persons, which after the faid first day of January fhall be fo attached, arrested, molefted, vexed or troubled, his cofts, damages and charges, by any means fuftained by occafion of any fuch attachment, arreft or fuit, fo had and taken against him, to be paid by fuch perfon or per fons |