No. XIV. c. 12. ⚫fection, the King's most noble progenitors, and the antecessors of the nobles of this realm, have sufficiently endowed the said church, both 24 H VIII. ' with honour and possessions; and the laws temporal, for trial of pro'perty of lands and goods, and for the conservation of the people of this realm in unity and peace, without rapine or spoil, was and yet s 'administered, adjudged and executed by sundry judges and ministers of the other part of the said body politic, called the temporalty; and both their authorities and jurisdictions do conjoin together in the due 'administration of justice, the one to help the other. II. And whereas the King, his most noble progenitors, and the no'bility and commons of this said realm, at divers and sundry Parlia 'ments, as well in the time of King Edward the First, Edward the Third, Richard the Second, Henry the Fourth, and other noble Kings of this realm, made sundry ordinances, laws, statutes, and provisions for the entire and sure conservation of the prerogatives, liberties and ⚫ pre-eminences of the said Imperial Crown of this Realm, and of the jurisdiction Spiritual and Temporal of the same, to keep it from the annoyance as well of the see of Rome, as from the authority of other foreign potentates, attempting the diminution or violation thereof, as often, and from time to time, as any such annoyance or attempt might be known or espied: And notwithstanding the said good statutes and ordinances made in the time of the King's most noble progenitors ⚫ in preservation of the authority and prerogative of the said Imperial Crown, as is aforesaid; yet nevertheless sithen the making of the said The several ' good statutes and ordinances divers and sundry inconveniencies and inconveniences dangers, not provided for plainly by the said former acts, statutes in suing of apand ordinances, have arisen and sprung by reason of appeals sued peals to Rome. out of this realm to the see of Rome, in causes testamentary, causes of matrimony and divorces, right of tithes, oblations and obventions, not only to the great inquietation, vexation, trouble, costs and charges of the King's Highness, and many of his subjects, and resiants of this his realm, but also to the great delay and let of the true and speedy 'determination of the said causes, for so much as the parties appealing to the said court of Rome most commonly do the same for the delay ' of justice, And forasmuch as the great distance of way is so far out of this realm, so that the necessary proofs, nor the true knowledge of ⚫ the cause, can neither there be so well known, ne the witnesses there 'so well examined, as within this realm, so that the parties grieved by 'means of the said appeals be most times without remedy:" In consideration whereof, the King's Highness, his nobles and commons, considering the great enormities, dangers, long delays and hurts, that as well to his Highness, as to his said nobles, subjects, commons, and resiants of this his realm, in the said causes testamentary, causes of matrimony and divorces, tithes, oblations and obventions, do daily ensue, doth therefore by his royal assent, and by the assent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by authority of the same, enact, establish and ordain, That all causes testamentary, causes of matrimony and divorces, rights All causes deof tithes, oblations and obventions (the knowledge whereof by the terminable by goodness of princes of this realm, and by the laws and customs of the any spiritual same, appertaineth to the spiritual jurisdiction of this realm) already jurisdiction commenced, moving, depending, being, happening, or hereafter coming shall be adin contention, debate or question within this realm, or within any the judged within King's dominions, or marches of the same, or elsewhere, whether they the King's auconcern the King our Sovereign Lord, his heirs and successors, or any thority. other subjects or resiants within the same, of what degree soever they be, shall be from henceforth heard, examined, discussed, clearly, finally, and definitively adjudged and determined within the King's jurisdiction and authority, and not elsewhere, in such courts spiritual and temporal of the same, as the natures, conditions, and qualities of the cases and matters aforesaid in contention, or hereafter happening in contention, shall require without having any respect to any custom, use or sufferance, in hindrance, let, or prejudice of the same, or to any other thing No. XIV. 24 H. VIII. c. 12. The prelates of this realm may execute all sa craments and divine service to the subjects of this realm. The penalty of them who omit to do theirduty. Whosoever procureth from the see of Rome, &c. any appeals, process,sentences, &c. incur the forfeiture of premunire, used or suffered to the contrary thereof by any other manner of person or persons in any manner of wise; any foreign inhibitions, appeals, sentences, summons, citations, suspensions, interdictions, excommunications, restraints, judgments, or any other process or impediments, of what natures, names, qualities, or conditions soever they be, from the see of Rome, or any other foreign courts or potentates of the world, or from and out of this realm, or any other the King's dominions, or marches of the same, to the see of Rome, or to any other foreign courts or potentates, to the let or impediment thereof in any wise notwithstanding. And that it shall be lawful to the King our Sovereign Lord, and to his heirs and successors, and to all other subjects or resiants within this realm, or within any of the King's dominions, or marches of the same, notwithstanding that hereafter it should happen any excommengement, excommunications, interdictions, citations, or any other censures or foreign process out of any outward parts, to be fulminate, promulged, declared, or put in execution within this said realm, or in any other place or places, for any of the causes before rehearsed, in prejudice, derogation, or contempt of this said Act, and the very true meaning and execution thereof, may and shall nevertheless as well pursue, execute, have and enjoy the effects, profits, benefits and commodities of all such processes, sentences, judgments and determinations done, or hereafter to be done, in any of the said courts spiritual or temporal, as the cases shall require, within the limits, power and authority of this the King's said realm, and dominions and marches of the same, and those only, and none other to take place, and to be firmly observed and obeyed within the same. As also, that all the spiritual prelates, pastors, ministers and curates within this realm, and the dominions of the same, shall and may use, minister, execute and do, or cause to be used, executed, ministered and done, all sacraments, sacramentals, divine services, and all other things within the said realm and dominions, unto all the subjects of the same, as Catholic and Christian men owen to do; any former citations, processes, inhibitions, suspensions, interdictions, excommunications, or appeals, for or touching the causes aforesaid, from or to the see of Rome, or any other foreign prince or foreign courts, to the let or contrary thereof in any wise notwithstanding. III. And if any of the said spiritual persons, by the occasion of the said fulminations of any of the same interdictions, censures, inhibitions, excommunications, appeals, suspensions, summons, or other foreign citations for the causes beforesaid, or for any of them, do at any time hereafter refuse to minister, or cause to be ministred, the said sacraments and sacramentals, and other divine services, in form as is aforesaid, they shall for every such time or times that they or any of them do refuse so to do, or cause to be done, have one year's imprisonment, and to make fine and ransom at the King's pleasure. IV. And it is further enacted by the authority aforesaid, That if any person or persons inhabiting or resiant within this realm, or within any of the King's said dominions, or marches of the same, or any other person or persons, of what estate, condition or degree soever he or they be, at any time hereafter, for or in any the causes aforesaid, do attempt, move, purchase or procure, from or to the see of Rome, or from or to any other foreign court or courts out of this realm, any manner of fo reign process, inhibitions, appeals, sentences, summons, citations, sus→ pensions, interdictions, excommunications, restraints, or judgments, of what nature, kind or quality soever they may be, or execute any of the same process, or do any Act or Acts to the let, impediment, hindrance or derogation of any process, sentence, judgment or determination had, made, or done, or hereafter to be had, made or done, in any courts of this realm, or the King's said dominions, or marches of the same, for any of the causes aforesaid, contrary to the true meaning of this present Act, and the execution of the same, that then every such person or persons so doing, and their fautors, comforters, abettors, procurers, executors, and counsellors, and every of them, being convict c. 12. of the same, for every such default shall incur and run in the same No. XIV. pains, penalties and forfeitures, ordained and provided by the statute of 24 H. VIII. provision, and præmunire, made in the sixteenth year of the right noble Prince King Richard the Second, against such as attempt, procure, or make provision to the see of Rome, or elsewhere, for any thing or things, to the derogation, or contrary to the prerogative or jurisdiction of the Crown and dignity of this realm. V. And furthermore, in eschewing the said great enormities, inquietations, delays, charges and expenses hereafter to be sustained in pursuing of such appeals, and foreign process, for and concerning the causes aforesaid, or any of them, do therefore by authority aforesaid, ordain and enact, That in such cases where heretofore any of the King's subjects or resiants have used to pursue, provoke, or procure any appeal to the see of Rome, and in all other cases of appeals, in or for any of the causes aforesaid, they may and shall from henceforth take, have and use their appeals within this realm, and not elsewhere, in manner and form as hereafter ensueth, and not otherwise; that is to say, first from the archdeacon, or his official, if the matter or cause be there begun, to the bishop diocesan of the said see, if in case any of the parties be grieved. VI. And in like wise if it be commenced before the bishop diocesan, or his commissary, from the bishop diocesan, or his commissary, within fifteen days next ensuing the judgment or sentence thereof there given, to the Archbishop of the province of Canterbury, if it be within his province; and if it be within the province of York, then to the Archbishop of York; and so likewise to all other archbishops in other the King's dominions, as the case by order of justice shall require and there to be definitively and finally ordered, decreed, and adjudged, according to justice, without any other appellation or provocation to any other person or persons, court or courts. 16 R. 2. c. 5. Before whom and in what courts appeals shall be sued within this realm. VII. And if the matter or contention for any of the causes aforesaid Appeals ought be or shall be commenced, by any of the King's subjects or resiants, to be within fifbefore the archdeacon of any archbishop, or his commissary, then the teen days. party grieved shall or may take his appeal within fifteen days next after judgment or sentence there given, to the court of the arches, or audience, of the same archbishop or archbishops; and from the said court of the arches or audience, within fifteen days then next ensuing after judgment or sentence there given, to the archbishop of the same province, there to be definitively and finally determined, without any other or further process or appeal thereupon to be had or sued. Suits com menced before an archbishop shall be determined by him without any further appeal. Theprerogative VIII. And it is further enacted by the authority aforesaid, That all and every matter, cause and contention now depending, or that hereafter shall be commenced by any of the King's subjects or resiants for any of the causes aforesaid, before any of the said archbishops, that then the same matter or matters, contention or contentions, shall be before the same archbishop where the said matter, cause or process shall be so commenced, definitively determined, decreed, or adjudged, without any other appeal, provocation, or any other foreign process out of this realm, to be sued to the let or derogation of the said judgment, sentence or decree, otherwise than is by this Act limited and appointed; saving always the prerogative of the archbishop and church of Can terbury, in all the aforesaid causes of appeals, to him and to his suc- of the Archcessors to be sued within this realm, in such and like wise as they have bishop of Canbeen accustomed and used to have heretofore. terbury saved. IX. And in case any cause, matter or contention, now depending for Before whom the causes before rehearsed, or any of them, or that hereafter shall an appeal shall come in contention for any of the same causes, in any of the foresaid be sued in any courts, which hath, doth, shall or may touch the King, his heirs or case touching successors, Kings of this realm; that in all and every such case or the King. cases the party grieved as before is said, shall or may appeal from any of the said courts of this realm, where the said matter, now being in contention, or hereafter shall come in contention, touching the King, No. XIV. 24 H. VIII. c. 12. 16 R. 2. c. 5. c. 19. There shall be no appeals to Rome, but appeals shall be according to the statute made 24 H. 8. c. 12. his heirs, or successors, (as is aforesaid) shall happen to be ventilate, commenced or begun, to the spiritual prelates and other abbots and priors of the Upper House, assembled and convocate by the King's writ in the convocation being, or next ensuing within the province or provinces where the same matter of contention is or shall be begun; so that every such appeal be taken by the party grieved within fifteen days next after the judgment or sentence thereupon given or to be given; and that whatsoever be done, or shall be done and affirmed, determined, decreed and adjudged by the aforesaid prelates, abbots and priors of the Upper House of the said convocation, as is aforesaid, appertaining, concerning, or belonging to the King, his heirs and successors, in any of these foresaid causes of appeals, shall stand and be taken for a final decree, sentence, judgment, definition and determination, and the same matter, so determined, never after to come in question and debate, to be examined in any other court or courts. X. And if it shall happen any person or persons hereafter to pursue or provoke any appeal contrary to the effect of this Act, or refuse to obey, execute and observe all things comprised within the same, concerning the said appeals, provocations, and other foreign processes to be sued out of this realm, for any the causes aforesaid, that then every such person or persons so doing, refusing, or offending contrary to the true meaning of this Act, their procurers, fautors, advocates, counsellors, and abettors, and every of them, shall incur into the pains, forfeitures, and penalties ordained and provided in the said statute made in the said sixteenth year of King Richard the Second, and with like process to be made against the said offenders, as in the same statute made in the said sixteenth year more plainly appeareth. [No. XV. ] 25 Henry VIII. c. 19.-The Submission of the Clergy and Restraint of Appeals. 25 Henry VIII. III. AND be it further enacted by authority aforesaid, That from the feast of Easter, which shall be in the year of our Lord God 1534, no manner of appeals shall be had, provoked, or made out of this realm, or out of any of the King's dominions, to the bishop of Rome, nor to the see of Rome, in any causes or matters happening to be in contention, and having their commencement and beginning in any of the courts within this realm, or within any the King's dominions, of what nature, condition or quality soever they be of; but that all manner of appeals, of what nature or condition soever they be of, or what cause or matter soever they concern, shall be made and had by the parties aggrieved, or having cause of appeal, after such manner, form and condition, as is limited for appeals to be had and prosecuted within this realm in causes of matrimony, tythes, oblations and obventions, by a statute thereof made and established sithen the beginning of this present parliament, and according to the form and effect of the said estatute; any usage, custom, prescription, or any thing or things to the contrary hereof notwithstanding. Appeals from thearchbishops court into the Chancery. IV. And for lack of justice at or in any the courts of the archbishops of this realm, or in any the King's dominions, it shall be lawful to the parties grieved to appeal to the King's Majesty in the King's Court of Chancery; and that upon every such appeal, a commission shall be directed under the great seal to such persons as shall be named by the King's highness, his heirs or successors, like as in case of appeal from the admiral's court, to hear and definitively determine such appeals, and the causes concerning the same. Which commissioners, so by the King's Highness, his heirs or successors, to be named or appointed, shall have full power and authority to hear and definitively determine every such appeal, with the causes and all circumstances concerning the same; and that such judgment and sentence, as the said commissioners shall make and decree, in and upon any such appeal, shall be good and ef fectual, and also definitive; and no further appeals to be had or made from the said commissioners for the same. No. XV. 25 H. VIII. c. 19. Premunire for Appeals from places exempt, which were to the see of V. And if any person or persons, at any time after the said feast of Easter, provoke or sue any manner of appeals, of what nature or condition soever they be of, to the said bishop of Rome, or to the see of Rome, or do procure or execute any manner of process from the see of suing of appeal Rome, or by authority thereof, to the derogation or let of the due exe- to Rome, or cution of this Act, or contrary to the same, that then every such person executing any or persons so doing, their aiders, counsellors and abettors, shall incur process from and run into the dangers, pains and penalties contained and limited in thence. the Act of provision and præmunire made in the sixteenth year of the King's most noble progenitor, King Richard the Second against such as sue to the Court of Rome against the King's crown and prerogative royal. VI. Provided always, That all manner of provocations and appeals hereafter to be had, made or taken from the jurisdiction of any abbots, priors, or other heads and governors of monasteries, abbies, priories, and other houses and places exempt, in such cases as they were wont or might afore the making of this Act, by reason of grants or liberties of such places exempt, to have or make immediately any appeal or provocation to the bishop of Rome, otherwise called Pope, or to the see of Rome, that in all these cases every person and persons, having cause of appeal or provocation, shall and may take and make their appeals and provocations immediately to the King's Majesty of this realm, into the Court of Chancery, in like manner and form as they used afore to do to the see of Rome; which appeals and provocations so made, shall be definitively determined by authority of the King's commission, in such manner and form as in this Act is abovementioned; so that no archbishop or bishop of this realm shall intermit or meddle with any such appeals, otherwise or in any other manner than they might have done afore the making of this Act; any thing in this Act to the contrary thereof notwithstanding. [No. XVI.] 2 & 3 Edward VI. c. 13.—An Act for Payment of Tithes. [Inserted at large, Part II. Class II. No. 6.] Rome, shall now be into the and 6 Edward VI. c. 4. The penalty for striking or drawing a weapon in a church or church-yard. [No. XVII. ] 5 and 6 Edward VI. c. 4.-Against quar- II. And further it is enacted by the authority aforesaid, That if any person or persons after the said first day of May, shall smite or Jay violent hands upon any other, either in any church or church yard, that then ipso facto every person so offending shall be deemed excommunicate, and be excluded from the fellowship and company of Christ's congregation. The penalty for smiting in a church, &c. |