Abolition of High Commission Court Act 1640

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 repealed..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 [X1 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 & [X2 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 [X3 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

X1 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]

X2 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]

X3 l[ia]res