Abolition of High Commission Court Act 1640

Abolition of High Commission Court Act 1640X1

1640 CHAPTER 11 16 Cha 1

An Act for repeal of a branch of a Statute primo Elizabethe concerning Commissioners for causes Ecclesiasticall.

Editorial Information

X1 Abbreviated title derived from Chronological Table of the Statutes: Covering the Period from 1235 to the End of 1971 (London: Her Majesty's Stationery Office. 1972)

Eliz. c. 1.

§18; High Commission Court; used to fine and imprison, and other Mischiefs have ensued therefrom.; The said Branch of 1 Eliz. c. 2. repealed..

Whereas in the Parliament holden in the first yeare of the Reigne of the late Queene Elizabeth late Queene of England there was an Act made and established Intituled An Act restoring to the Crowne the ancient Jurisdiction over the State Ecclesiasticall and Spirituall and [X2 aboshing] all Forreign Power repugnant to the same In which Act amongst other things there is conteined one Clause Branch Article or Sentence whereby it was Enacted to this effect Namely That the said late Queenes Highnes her Heires and Successors Kings or Queenes of this Realme should have full power and authoritie by vertue of that Act by Letters Patents under the Great Seale of England to assigne name and authorize when and as often as her Highnes her Heires or Successors should thinke meet and convenient and for such and so long time as should please her Highnes her Heires or Successors such Person or Persons being naturall born Subjects to her Highnes her Heires or Successors as her Majestie her Heires or Successors should thinke meet to exercise use occupie and execute under her Highnes her Heires and Successors all manner of JurisdictionsPriviledges & [X3 Preheminence] in any wise touching or concerning any Spirituall or Ecclesiasticall Jurisdiction within these her Realmes of England and Ireland or any other her Highnesse Dominions and Countries and to visit reforme redresse order correct and amend all such errors heresies schismes abuses offences contempts and enormities whatsoever which by any manner Spirituall or Ecclesiasticall Power Authoritie or Jurisdiction can or may lawfully be reformed ordered redressed corrected restrained or amended to the pleasure of Almighty God the encrease of vertue and the conservation of the Peace and Unity of this Realme And that such Person or Persons so to be named assigned authorised and appointed by her Highnes her Heires or Successors after the said Letters Patents to him or them made and delivered as aforesaid should have full power and authority by vertue of that Act and of the said [X4 Leters] Patents under her Highnes her Heires or Successors to exercise use and execute all the Premisses according to the tennour and effect of the said Letters Patents any matter or cause to the contrary 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 theire Commission according to the tenour and effect of the Kings Letters Patents and by Letters Patents 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 authority not belonging to Ecclesiasticall Jurisdiction restored by that Act and diverse other great mischeifs and inconveniences have alsoe 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 mischeifs 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 utterly made void for ever Any thing in the said Act to the contrary in any wise notwithstanding.

Editorial Information

X2 Variant reading of the text noted in The Statutes of the Realm as follows: abolishing O. [O. refers to a collection in the library of Trinity College, Cambridge]

X3 Variant reading of the text noted in The Statutes of the Realm as follows: Preheminencs O. [O. refers to a collection in the library of Trinity College, Cambridge]

X4 l[ia]res

II. Archbishops, Bishops, and other Ecclesiastical Persons and Courts not to inflict Penalties, Corporal Punishment, &c.

nor administer any Oath ex officio.; Penalty, Treble Damages, and One hundred Pounds.

And be it alsoe Enacted by the Authority aforesaid that no Archbishop Bishop nor Vicar Generall nor any Chancellour Officiall nor Commissary of any Archbishop Bishop or Vicar Generall nor any Ordinary whatsoever nor any other Spirituall or Ecclesiasticall Judge Officer or Minister of Justice nor any other person or persons whatsoever exercising Spirituall or Ecclesiasticall power authoritie or Jurisdiction by any Grant Licence or Commission of the Kings Majestie his Heires or Successors or by any power or authoritie derived from the King his Heires or Successors or otherwise shall [X5 from and after the first day of August which shall be in the yeare of our Lord God one thousand six hundred fourty and one] award impose or inflict any paine penalty fine amercement imprisonment or other corporall punishment upon any [X6 of] the Kings Subjects for any contempt misdemeanor crime offence matter or thing whatsoever belonging to Spirituall or Ecclesiasticall 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 Sydeman or other person whatsoever any corporall Oath whereby he or shee 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 selfe of any crime offence delinquencie or misdemeanour or any neglect matter or thing whereby or by reason whereof he or shee shall or may be lyable or exposed to any censure pain penaltie or punishment whatsoever upon paine and penaltie that every person who shall offend contrary to this Statute shall forfeit and pay trebble damages to every person thereby greived and the sum of one hundred pounds to him or them who shall first demaund and sue for the same which said trebble damages and su[m]m 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.

Editorial Information

X5 annexed to the Original Act in a separate Schedule.

X6 interlined on the Roll.

III. Offenders convicted disabled from any Office or Employment by the King's Commission or Letters Patents.

And be it further enacted That every person who shall be once convicted 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 imployment in any Court of Justice whatsoever or to exercise or execute any power authority or Jurisdiction by force of any Commission or Letters Patents of the King his Heires or Successors.

IV. No new Court to be erected with the like Power.

[X6 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 Realme of England or Dominion of Wales which shall or may have the like power Jurisdiction or authoritie 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 Majestie his Heires 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 shall be utterly void and of none effect.]

Editorial Information

X6 interlined on the Roll.