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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
promotion of any other person whatsoever urge inforce 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 confesse or to accuse him or her self of any crime offence delinquencie or misdemeanour or any neglect matter or thing whereby or by reason whereof be or she shall or may be liable or exposed to any censure pain penaltie or punishment whatsoever upon pain and penaltie that everie person who shall offend contrarie to this Statute shall forfeit and pay trebble damages to every person thereby grieved and the sunt of one hundred pounds to him or them who shall first demand and sue for the same which said trebble 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 priviledge Essoine 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 of 〈◊〉 or offence prohibited by this Statute shall for such act or offence be 〈◊〉 and after such conviction utterlie disabled to be or continue in any off●●● or imployment in any Court of Iustice whatsoever or to exercise or execute any power authoritie or Iurisdiction by force of any Commission or Letters Pattents of the King his Heirs or Successours And be it further Enacted That from and after the said first day of August no new Court shall be erected ordeined or appointed within this Realm of England or Dominion of Wales which shall or may have the like power Iurisdiction or authoritie as the said high Commission Court now hath or pretendeth to have But that all and every such Letters Pattents Commissions and Grants made or to be made by his Majestie 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 vertue or colour thereof 〈◊〉 be utterlie void and of no●● 〈◊〉 ANNO XVII Caroli Regis ¶ An Act for regulating of the Privy Councell and for taking away the Court commonly called the Star-Chamber WHereas by the great Charter many times confirmed in Parliament It is enacted That no Freeman shall be taken or imprisoned or disseised of his Fréehold or Liberties or frée Customes or be Outlawed or exiled or otherwise destroyed and that the King will not passe upon him or condemn him but by lawful Iudgment of his Péers or by the Law of the Land And by another Statute made in the fifth yéer of the Reign of King Edward the third It is Enacted That no Man shall be attached by any accusation nor fore-judged of life or lim nor his Lands Tenements Goods nor Chattels seised into the Kings hands against the form of the great Charter and the Law of the Land And by another Statute made in the five and twentieth yéer of the Reign of the same King Edward the third It is accorded assented and established that none shall be taken by petition or suggestion made to the King or to His Councell unlesse it be by Indictment or Presentment of good and lawfull people of the same neighbourhood where such de●●● be done in due manner or by Processe made by Writ Original at the common Law and that none be put out of his Franchise or Frée-hold unlesse he be duly brought in to answer and fore-judged of the same by the course of the Law and if any thing be done against the same it shall be redressed and holden for none And by another Statute made in the eight and twentieth yéer of the Reign of the same King Edward the third It is amongst other things Enacted that no man of what estate or condition soever he be shall be put out of his Lands or Tenements nor taken nor imprisoned nor disinherited without being brought in to answer by due Processe of Law And by another Statute made in the two fourtieth yéer of the Reign of the said King Edward the third It is Enacted that no man be put to answer without presentment before Iustices or matter of Record or by due Processe and Writ original according to the old Law of the Land and if any 〈…〉 be done to the contrary it shall be void in Law and holden for 〈…〉 by another Statute made in the six and thirtieth yéer of the sa●● 〈◊〉 Edward the third It is amongst other things Enacted That all 〈◊〉 which shall be pleaded in any Courts before any the Kings Iustices or in His other places or before any of His other Ministers or in the Courts and places of any other Lords within the Realm shall be entred and enrolled in Latine And whereas by the Statute made in the third yéer of King Henry the seventh power is given to the Chancellour the Lord Treasurer of England for the time being and the Kéeper of the Kings Privy Seal or two of them calling unto them a Bishop and Temporal Lord of the Kings most honourable Councel and the two chief Iustices of the Kings Bench and common Pleas for the time being or other two Iustices in their absence to procéed as in that Act is expressed for the punishment of some particular offences therein mentioned And by the Statute made in the one and twentieth yéer of King Henry the eighth The President of the Councell is associated to joyn with the Lord Chancellour and other Iudges in the said Statute of the third of Henry the seventh mentioned But the said Iudges have not kept themselves to the points limited by the said Statute but have undertaken to punish where no Law doth warrant and to make Decrees for things having no such authoritie and to inflict heavier punishments than by any Law is warranted And forasmuch as all matters examinable or determinable before the said Iudges or in the Court commonly called the Star-chamber may have their proper remedy and redresse and their due punishment and correction by the common Law of the Land and in the ordinary course of Iustice elsewhere And forasmuch as the reasons and motives inducing the erection and continuance of that Court do now cease and the procéedings Censures and Decrées of that Court have by experience béen found to be an intollerable burthen to the Subject and the means to introduce an arbitrarie power and Government And forasmuch as the Councel-Table hath of late times assumed unto it self a power to intermeddle in Civil causes and matters only of private interest betwéen party and partie and have adventured to determine of the Estates and Liberties of the Subject contrarie to the Law of the Land and the rights and priviledges of the Subject by which great and manifold mischiefs and inconveniences have arisen and happened and much incertaintie by means of such procéedings hath béen conceived cencerning mens rights and estates