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<ETS>
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<DATE>2014-09-23</DATE>
<RESPSTMT>
<NAME>Simon Charles</NAME>
<RESP>MURP</RESP>
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<ITEM>Proofed and reviewed as part of batch Z140310.apex.</ITEM>
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<IDG S="marc" R="OX" ID="A83528">
<STC T="W">E2382B</STC>
<STC T="C">R225902</STC>
<BIBNO T="umi">99900065</BIBNO>
<VID>132888</VID>
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<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<P>TWO ACTS OF Parliament, Made in the 17. year of King <HI>CHARLES,</HI> I. OF Ble&s;&s;ed Memory. The fir&s;t <HI>Concerning the High-Com|mi&s;&s;ion Court. And the Powers of the Arch-Bi&s;hop, Bi&s;hop Vicar Ge|neral, Chancellor Official, Commi&s;|&s;ary, Ordinary. And all other Spi|ritual, or Eccle&s;ia&s;tical Judges, or Mini&s;ters of Ju&s;tice.</HI> The Second, <HI>That Per&s;ons in holy Orders &s;hall not exerci&s;e any Tem|peral Juri&s;diction.</HI></P>
<P>London: <HI>Printed for</HI> Edward Spurdance, <HI>and are to be &s;old in</HI> We&s;tmin&s;ter-Hall, Pauls Church yard, <HI>and the</HI> Royal Exchange. 1661.</P>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="acts">
<PB REF="2">
<PB REF="2">
<DIV2 TYPE="act">
<HEAD>The High Commi&s;sion Court taken away.<NOTE PLACE="marg">17. King <HI>Charles I.</HI> the 11. ch. pag. 12. in the Folio Book.</NOTE></HEAD>
<P>WHereas in the Parliament holden in the fir&s;t year of the Reign of the late Queen <HI>Eliz.</HI> late Queen of <HI>England</HI> there was an Act made and e&s;tabli&s;hed, Intituled, <HI>An Act re&s;toring to the Crown the ancient Juri&s;dicti|on over the &s;tate Eccle&s;ia&s;tical and Spiritual, and aboli&s;hing all forreign power repugnant to the &s;ame;</HI> In which Act, among&s;t others things, their is contained one Clau&s;e, Branch, Arti|cle, or Sentence, whereby it was enacted to this effect; Namely, that the &s;aid late Queens Highne&s;s, her Heirs and Succe&s;&s;ours Kings or Queens of this Realm, &s;hall have ful power and authority by vertue of that Act, by Letters Patents under the great Seal of <HI>England,</HI> to a&s;&s;ign, name and authorize, when, and as often as her Highne&s;s, her Hairs or Succe&s;&s;ours &s;hould think meet and convenient, and for &s;uch, and &s;o long time as &s;hould plea&s;e her Highne&s;s, her Heirs or Succe&s;&s;ours, &s;uch per&s;on or per&s;ons being natural born Subjects to her Highne&s;s, her Heirs or Succe&s;&s;ours, as her Maje&s;ty, her Heirs or Succe&s;&s;ours &s;hould think meet to exerci&s;e, u&s;e, occupy and execute under her Highne&s;s, her Heirs and Succe&s;&s;ours, all manner of Juri&s;dictions, Priviledges and preheminence, in any wi&s;e touching or con|cerning any Spiritual or Eccle&s;ia&s;tical Juri&s;|dictions within the&s;e her Realms of <HI>England</HI>
<PB REF="3"> and <HI>Ireland,</HI> or any other her Highne&s;s Domi|nions and Countreys, and to vi&s;it, reform, redre&s;s, order, correct and amend all &s;uch errours, here&s;ies, &s;chi&s;mes, abu&s;es, offences, contempts and Enormities what&s;oever, which by any manner Spiritual or Eccle&s;ia|&s;tical power, authority or juri&s;diction, can, or may lawfully be reformed, ordered, re|dre&s;&s;ed, corrected, re&s;trained or amended, to the plea&s;ure of Almighty God, the in|crea&s;e of vertue, and the con&s;ervation of the peace and unity of this Realm. And that &s;uch per&s;on or per&s;ons &s;o to be named, a&s;|&s;igned, authorized and appointed by her Highne&s;s, her Heirs or Succe&s;&s;ours, after the &s;aid Letters Patents to him or them made and delivered, as afore&s;aid, &s;hould have ful power and authority by vertue of that Act, and of the &s;aid Letters Patents under her Highne&s;s, her Heirs or Succe&s;&s;ours, to ex|erci&s;e, u&s;e, and execute all the premi&s;&s;es, ac|cording to the tenour and affect of the &s;aid Letters Patents, any matter or cau&s;e to the contrary in any wi&s;e notwith&s;tanding.</P>
<P><NOTE PLACE="marg">High Commi&s;&s;i|on Court.</NOTE> And whereas by colour of &s;ome words in the fore&s;aid Branch of the &s;aid Act, where|by Commi&s;&s;ioners are authorized to execute their Commi&s;&s;ion according to the tenour and effect of the Kings Letters, Patents, and by Letters Patents grounded thereupon, the &s;aid Commi&s;&s;ioners have, to the great and in&s;ufferable wrong and oppre&s;&s;ion of the Kings Subjects, u&s;ed to fine and impri&s;on them, and to exerci&s;e other authority not
<PB REF="3"> belonging to Eccle&s;ia&s;tical Juri&s;diction re|&s;tored by that Act, and divers other great mi&s;chiefs and inconveniences have al&s;o en|&s;ued to the Kings Subjects, by occa&s;ion of the &s;aid Branch and Commi&s;&s;ions i&s;&s;ued thereupon, and the Executions thereof: Therefore for the repre&s;&s;ing and preventing of the fore&s;aid abu&s;es, mi&s;chiefs and incon|veniences in time to come.</P>
<P><NOTE PLACE="marg">Repeal.</NOTE> Be it enacted by the Kings mo&s;t Excel|lent Maje&s;ty, and the Lords and Commons in this pre&s;ent Parliament a&s;&s;embled, and by the authority of the &s;ame, That the fore&s;aid Branch, Clau&s;e, Article or Sentence contai|ned in the &s;aid Act, and every word, matter and thing contained in that Branch, Clau&s;e, Article, or Sentence, &s;hall from henceforth be repealed, annulled, revoked, annihilated and utterly made void for ever, any thing in the &s;aid Act to the contrary in any wi&s;e not|with&s;tanding.</P>
<P><NOTE PLACE="marg">Powers taken a|way.</NOTE> And be it al&s;o enacted by the authority a|fore&s;aid, That no Arch-bi&s;hop, Bi&s;hop, nor Uicar General, nor any Chancellour, Offi|cial nor Commi&s;&s;ary of any Arch-bi&s;hop, Bi&s;hop, or Uicar General, nor any Ordina|ry what&s;oever, nor any other Spiritual or Eccle&s;ia&s;tical Judg, Officer or Mini&s;ter of Ju&s;tice, nor any other per&s;on or per&s;ons what&s;oever, exerci&s;ing Spiritual or Eccle&s;ia|&s;tical power, authority, or juri&s;diction, by any Grant, Licence, or Commi&s;&s;ion of the Kings Maje&s;ty, his Heirs or Succe&s;&s;ors, or by any power or authority derived from the
<PB REF="4"> King, his Heirs or Succe&s;&s;ors, or otherwi&s;e, &s;hall, from and after the fir&s;t day of <HI>Augu&s;t,</HI> which &s;hall be in the year of our Lord God, One thou&s;and &s;ix hundred fourty and one, award, impo&s;e, or inflict any pain, penalty, fine, amercement, impri&s;onment, or other corporal puni&s;hment upon any of the Kings Subjects, for any contempt, mi&s;demeanour, crime, offence, matter or thing what&s;oever, belonging to Spiritual or Eccle&s;ia&s;tical cog|nizance or juri&s;diction, <NOTE PLACE="marg">Oath <HI>ex officio.</HI></NOTE> or &s;hall <HI>ex officio,</HI> or at the in&s;tance or promotion of any other per&s;on what&s;oever, urge, enforce, tender, give, or mini&s;ter unto any Church-warden, Syde-man, or other per&s;on what&s;oever, any corporal Oath, whereby he or &s;he &s;hall or may be charged or obliged to make any pre|&s;entment of any crime or offence, or to con|fe&s;s or to accu&s;e him or her &s;elf of any crime, offence, delinquency or mi&s;demeanour, or any neglect, matter of thing, whereby, or by rea&s;on whereof, he or &s;he &s;hall or may be lyable or expo&s;ed to any cen&s;ure, pain, pe|nalty, or puni&s;hment what&s;oever, upon pain and penalty, <NOTE PLACE="marg">Penalty of one hund|red pounds, and treble dammages.</NOTE> that every per&s;on, who &s;hall of|fend contrary to this Statute, &s;hal forfeit and pay treble dammages to every per&s;on there|by grieved, and the &s;um of one hundred pounds to him or them, who &s;hall fir&s;t de|mand and &s;ue for the &s;ame, which &s;aid treble dammages and &s;um of one hundred pounds, &s;hall and may be demanded and recovered by Action of debt, Bill, or Plaint in any Court of Record, wherein no Priviledge,
<PB REF="4"> E&s;&s;oign, Protection, or Wager of Law &s;hall be admitted or allowed to the Defendant. And be it further Enacted, <NOTE PLACE="marg">Offender convicted, di&s;abled for any Office or Imploy|ment.</NOTE> That every per|&s;on who &s;hall be once convicted of any Act or Offence, prohibited by this Statute, &s;hall for &s;uch Act or Offence be from and after &s;uch conviction utterly di&s;able to be or con|tinue in any office or imployment, in any Court of Ju&s;tice what&s;oever: or to exerci&s;e or execute any power, authority, or juri&s;di|ction, by force of any Commi&s;&s;ion, or letters Patents of the King, his Heirs or Succe&s;&s;ors.</P>
<P>And be it further Enacted, <NOTE PLACE="marg">No new Court with like power &s;hall be e|rected.</NOTE> That from and after the fir&s;t day of <HI>Augu&s;t,</HI> no new Court &s;hall be Erected, ordained, or appointed within this Realm of <HI>England</HI> or Dominion of <HI>Wales,</HI> which &s;hall or may have the like power, juri&s;diction, or authority, as the &s;aid high Commi&s;&s;ion Court now hath or pre|tendeth to have. But that all and every &s;uch Letters Patents, Commi&s;&s;ions and Grants made or to be made by his Maje&s;ty, his Heirs or Succe&s;&s;ors, And all power and authorities granted or pretended, or mentioned to be granted thereby, and all Acts, Sentences and Decrees to be made by vertue or color ther|of, &s;hall be utterly void and of none effect.</P>
</DIV2>
<DIV2 TYPE="act">
<HEAD>Per&s;ons in holy Orders &s;hall not exerci&s;e any Temporal Juri&s;diction.<NOTE PLACE="marg">17. King <HI>Charles I.</HI> the 28. ch. pag. 21. in the Folio Book.</NOTE></HEAD>
<P>WHereas Bi&s;hops and other per&s;ons in holy Orders ought not to be intangled with &s;ecular Juri&s;diction (the office of the Mini&s;tery being of &s;uch great importance, that it will take up the whol man) And for
<PB REF="5" MS="y">
<NOTE PLACE="marg">Per&s;ons in holy Or|ders ought not to be intangled with &s;ecu|lar juri&s;|diction.</NOTE> that it is found by long experience, that their intermedling with &s;ecular Juri&s;dicti|ons, hath occa&s;ioned great mi&s;chiefs and &s;candal, both to Church and State; His Maje&s;ty, out of his Religious care of the Church and Souls of his people, is graci|ou&s;ly plea&s;ed that it be Enacted, And by au|thority of his pre&s;ent Parliament be it En|acted, <NOTE PLACE="marg">Such &s;hall not &s;it in Parliament nor be of the Privy Council, Ju&s;tice of Peace, or exerci&s;e Temporal authority by Com|mi&s;&s;ion.</NOTE> That no Arch-bi&s;hop or Bi&s;hop, or other per&s;on that now is, or hereafter &s;hall be in holy Orders, &s;hall at any time, after the fifteenth day of <HI>February,</HI> in the year of our Lord, One thou&s;and &s;ix hundred forty one, have any Seat or Place, Suffrage or voice, or u&s;e or execute any power or au|thority in the Parliaments of this Realm, nor &s;hall be of the Privy Council of his Maje&s;ty, his Hairs or Succe&s;&s;ors, or Ju&s;tice of the Peace of Oyer and Terminer, or Goal-de|livery, or execute any Temporal authority by vertue of any Commi&s;&s;ion, but &s;hall be wholly di&s;abled, and be uncapable to have, receive, or u&s;e, or execute any of the &s;aid Offices, Places, Powers, Authorities, and things afore&s;aid.</P>
<P>And be it further Enacted by the authority afore&s;aid, <NOTE PLACE="marg">All Acts and Suf|frages con|trary here|unto, to be void.</NOTE> That all Acts from and after the &s;aid fifteenth day of <HI>February,</HI> which &s;hall be done or executed by any Arch-bi&s;hop or Bi&s;hop or other per&s;on what&s;oever in holy Orders, and all and every Suffrage or Voice, given or delivered by them or any of them, or other thing done by them or any of them contrary to the Purport and true meaning of this pre&s;ent Act, &s;hall be utterly void to all intents, con&s;tructions and purpo&s;es.</P>
</DIV2>
<TRAILER>FINIS.</TRAILER>
<PB REF="5" MS="y">
</DIV1>
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</TEXT>
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