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A37642 Anno Regni Caroli Regis Angliæ, Scotiæ, Franciæ, & Hiberniæ, decimo septimo, at the Parliament begun at Westminster the third day of November, Anno Dom. 1640 in the 16. 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, &c.; Laws, etc. England and Wales.; England and Wales. Parliament.; England and Wales. Sovereign (1625-1649 : Charles I) 1641 (1641) Wing E1246; ESTC R5264 8,420 13

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ANNO REGNI CAROLI REGIS ANGLIAE SCOTIAE FRANCIAE HIBERNIAE DECIMO SEPTIMO At the Parliament begun at Westminster the third day of November Anno Dom. 1640. In the 16. 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 c. LONDON Printed by ROBERT BARKER Printer to the Kings most Excellent Majestie And by the Assignes of JOHN BILL 1641. Cum Privilegio C R HONI SOIT QVI MAL Y PENSE DIEV ET MON DROIT ANNO XVII Caroli Regis ¶ An Act for disinabling all Persons in Holy Orders to exercise any Temporal Jurisdiction or Authority WHereas Bishops and other Persons in holy Orders ought not to be intangled with secular Iurisdiction the Office of the Ministerie being of such great Importance that it will take up the whole Man And for that it is found by long experience that their intermedling with secular Iurisdictions hath occasioned great mischiefs and scandal both to Church and State His Majestie out of His Religious care of the Church and Souls of His People is graciously pleased that it be Enacted And by Authoritie of this present Parliament be it Enacted That no Archbishop or Bishop or other person that now is or hereafter shall be in Holy Orders shall at any time after the fifteenth day of February in the yéer of our Lord. One thousand six hundred fourtie one have any Seat or Place Suffrage or Voice or use or execute any power or authoritie in the Parliaments of this Realm nor shall be of the Privie Councel of His Majestie His Heirs or Successors or Iustice of the Peace of Oyer and Terminer or Goal-deliverie or execute any Temporal authoritie by vertue of any Commission But shall be wholly disabled and be uncapable to have receive use or execute any of the said Offices Places Powers Authorities and things aforesaid And be it further Enacted by the Authoritie aforesaid That all Acts from and after the said fiftéenth day of February which shall be done or executed by any Archbishop or Bishop or other Person whatsoever in Holy Orders and all and everie Suffrage or Voice given or delivered by them or any of them or other thing done by them or any of them contrarie to the Purport and true meaning of this present Act shall be utterlie void to all intents constructions and purposes ❧ ANNO XVII Caroli Regis ❧ An Act for repeal of a Branch of a Statute primo Elizabethae concerning Commissioners for Causes Ecclesiasticall WHereas in the Parliament holden in the first year of the raign of the late Queen Elizabeth late Queën of England there was an Act made and established Intituled An Act restoring to the Crown the ancient Jurisdiction over the State Ecclesiastical and Spiritual and abolishing all forreign power repugnant to the same In which Act amongst other things there is contained one Clause Branch Article or Sentence whereby it was Enacted to this effect Namely that the said late Quéens Highnesse her heirs and successors Kings or Quéens of this Realm should have full power and authoritie by vertue of that Act by Letters Pattents under the great Seal of England to assigne name and authorize when and as often as her Highnesse her heirs or Successours should think meet and convenient and for such and so long time as should please her Highnesse her Heirs or Successors such person or persons being natural born Subjects to her Highnesse her Heirs or Successors as her Majesty her Heirs or Successors should think meet to exercise use occupie and execute under her Highnesse her Heirs and Successors all manner of Iurisdictions Priviledges and Preheminence in any wise touching or concerning any Spiritual or Ecclesiastical Iurisdiction within these her Realms of England and Ireland or any other her Highnesse Dominions and Countries and to visit reform redresse order correct and amend all such errors heresies schismes abuses offences contempts and Enormities whatsoever which by any manner Spiritual or Ecclesiastical power authoritie or Iurisdiction 〈◊〉 or may lawfullie be reformed ordered redressed corrected restrained or amended to the pleasure of Almightie God the increase of vertue and the conservation of the peace and unitie of this Realm And that such person or persons so to be named assigned authorized and appointed by her Highnesse her Heirs or Successors after the said Letters Pattents to him or them made and delivered as aforesaid should have full power and authoritie by vertue of that Act and of the said Letters Pattents under her Highnesse her Heirs or Successors to exercise use and execute all the premises according to the tenour and effect of the said Letters Pattents any matter or cause to the contrarie in any wise notwithstanding And whereas by colour of some words in the foresaid Branch of the said Act whereby Commissioners are authorized to execute their Commission according to the tenour and effect of the Kings Letters Pettents and by Letters Pattents grounded thereupon the said Commissioners have to the great and insufferable wrong and oppression of the Kings Subjects used to fine and imprison them and to exercise other authoritie not belonging to Ecclesiastical Iurisdiction restored by that Act and divers other great mischiefs and inconveniences have also ensued to the Kings Subjects by occasion of the said Branch and Commissions issued thereupon and the executions thereof Therefore for the repressing and preventing of the foresaid abuses mischiefs and inconveniences in time to come Be it enacted by the Kings most Excellent Majestie and the Lords and Commons in this present Parliament assembled and by the authoritie of the same That the foresaid 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 utterlie made void for ever any thing in the said Act to the contrarie in any wise notwithstanding And be it also enacted by the authoritie aforesaid That no Archbishop Bishop nor Vicar general nor any Chancellour Official nor Commissarie of any Archbishop Bishop or Vicar general nor any Ordinary whatsoever nor any other Spiritual or Ecclesiastical Iudge Officer or Minister of Iustice nor any other person or persons whatsoever exercising Spiritual or Ecclesiastical power authoritie or Iurisdiction by any Grant License or Commission of the Kings Majestie his Heirs or Successors or by any power or authoritie derived from the King his Heirs or Successors or otherwise shall from and after the first day of August which shall be in the yeér of our Lord God one thousand six hundred fourty and one award impose or inflict any pain penaltie fine amercement imprisonment or other corporall punishment upon any of the Kings Subjects for any contempt misdemeanour crime offence matter or thing whatsoever belonging to Spiritual or Ecclesiastical cognisance or Iurisdiction or shall ex officio or at the instance or
libertie or suffering imprisonment upon demand or motion made by his Counsel or other imployed by him for that purpose unto the Iudges of the Court of Kings Bench or Common Pleas. in open Court shall without delaie upon any pretence whatsoever for the ordinary Fées usually paid for the same have forthwith granted unto him a Writ of Habeas Corpus to be directed generally unto all and everie Sheriffs Goaler Minister Officer or other person in whose custodie the partie committed or restrained shall be and the Sheriffs Goaler Minister Officer or other person in whose custody the partie so committed or restrained shall be shall at the return of the said Writ and according to the Command thereof upon due and convenient notice thereof given unto him at the charge of the partie who requireth or procureth such Writ and upon securitie by his own bond given to pay the charge of carrying back the Prisoner if he shall be remanded by the Court to which he shall be brought as in like cases hath béen used such Charges of bringing up and carrying back the Prisoner to be alwaies ordered by the Court if any difference shall arise thereabout bring or cause to be brought the bodie of the said partie so committed or restrained unto and bafore the Iudges or Iustices of the said Court from whence the same Writ shall issue in open Court and shall then likewise certifie the true cause of such his deteinour or imprisonment and thereupon the Court within thrée Court-daies after such return made and delivered in open Court shall procéed to examine and determine whether the cause of such Commitment appearing upon the said return be just and legal or not and shall thereupon do what to justice shall appertain either by delivering bailing or remanding the Prisoner And if any thing shall be otherwise wilfullie done or omitted to be done by any Iudge Iustice Officer or other person afore-mentioned contrarie to the direction and true meaning hereof That then such person so offending shall forfeit to the partie grieved his trebble damages to be recovered by such means and in such manner as is formerlie in this Act limited and appointed for the like penaltie to be sued for and recovered Provided alwaies and be it enacted That this Act and the several Clauses therein contained shall be taken and expounded to extend only to the Court of Star-Chamber and to the said Courts holden before the President and Councel in the Marches of Wales and before the President and Councel in the Northern Parts And also to the Court commonly called the Court of the Dutchy of Lancaster holden before the Chancellour and Councel of that Court And also in the Court of Exchequer of the County Palatine of Chester held before the Chamberlain and Councel of that Court. And to all Courts of like Iurisdiction to be hareafter erected ordained constituted or appointed as aforesaid And to the Warrants and Directions of the Councel-board and to the Commitments restraints and imprisonments of any person or persons made commanded or awarded by the Kings Majesty his Heirs or Successours in their own person or by the Lords and others of the Privy-Councel and every one of them And lastly provided and be it enacted That no person or persons shall be sued impleaded molested or troubled for any offence against this present Act unlesse the party supposed to have so offended shall be sued or impleaded for the same within two yéers at the most after such time wherein the said offence shall be committed