The Statutes at Large (Ruffhead)/Volume 2/Act of Supremacy 1558
Anno primo Reginæ Elizabethæ.
4. Inst. 7. Vide Dyer 203. que cest Parliament comence le 25 jour. The former Editions have it the twenty-third.
At the Parliament begun at Westminster the xxv. Day of January in the first Year of, the Reign of our Sovereign Lady Elizabeth, by the Grace of God, of England, France and Ireland, Queen, Defender of the Faith, &c. And then and there holden, kept and continued until the Dissolution of the same, being the eighth Day of May then next ensuing, were enacted as followeth.
CAP. I.
An Act to restore to the Crown the ancient Jurisdiction over the Estate Ecclesiastical and Spiritual, and abolishing all foreign Powers repugnant to the same.
All ancient Jurisdiction restored to the Crown. 'Most humbly beseech your most excellent Majesty, your faithful and obedient Subjects the Lords Spiritual and Temporal, and the Commons, in this your present Parliament assembled, That where in Time of the Reign of your most dear Father, of worthy Memory, King Henry the Eighth, divers good Laws and Statutes were made and established, as well for the utter Extinguishment and putting away of all usurped and foreign Powers and Authorities out of this your Realm, and other your Highness Dominions and Countries, as also for the restoring and uniting to the Imperial Crown of this Realm,A Repeal of divers Statutes and Revivor of others, and all foreign Power abolished. the ancient Jurisdictions, Authorities, Superiorities and Preheminences to the same of Right belonging or appertaining, by Reason whereof we your most humble and obedient Subjects, from the xxv. Year of the Reign of your said dear Father, were continually kept in good Order, and were disburdened of divers great and intolerable Charges and Exactions before that Time unlawfully taken and exacted by such foreign Power and Authority as before that was usurped, until such Time as all the said good Laws and Statutes by one 1 & 2 Ph. & M. c. 8.Act of Parliament made in the firsst and second Years of the Reigns of the late King Philip and Queen Mary, your Highness Sister, entituled, An Act repealing all Statutes, Articles and Provisions made against the See Apostolick of Rome since the twentieth Year of King Henry the Eighth, and also for the Establishment of all Spiritual and Ecclesiastical Possessions and Hereditaments conveyed to the Laity, were all clearly repealed and made void, as by the same Act of Repeal more at large doth and may appear; by Reason of which Act of Repeal, your said humble Subjects were eftsoons brought under an usurped foreign Power and Authority, and do yet remain in that Bondage, to the intolerable Charges of your loving Subjects,1 Roll 162. Hct. 121. if some Redress (by the Authority of this your High Court of Parliament, with the Assent of your Highness) be not had and provided:'
A Repeal fo the Stat. of 1 & 2 Ph. & M. c. 8. II. May it therefore please your Highness, for the repressing of the said usurped foreign Power, and the restoring of the Rights, Jurisdictions and Preheminences appertaining to the Imperial Crown of this your Realm, that it may be enacted by Authority of this present Parliament, That the said Act made in the said first and second Years of the Reigns of the said late King Philip and Queen Mary, and all and every Branches, Clauses and Articles therein contained (other than such Branches, Clauses and Sentences, as hereafter shall be excepted) may from the last Day of this Session of Parliament, by Authority of this present Parliament, be repealed, and shall from thenceforth be utterly void and of none Effect;
III. And that also for the reviving of divers of the said good Laws and Statutes made in the Time of your said dear Father, it may also please your Highness, That one Act and Statute made in the xxiii. Year of the Reign of the said late King Henry the Eighth, intituled, An Act, That no Person shall be cited out of the Diocess wherein he or she dwelleth, except in certain Cases;
A revivor of the Statutes (illegible text) viz. 23 h. 8 c. 9. 24 H. 8. c. 12. IV. And one other Act made in the xxiv. Year of the Reign of the said late King, intituled, An Act, That Appeals in such Cases as hath been used to be pursued to the See of Rome, shall not be from henceforth had no used, but within this Realm;
25 H. 8. not printed. V. And one other Act made the xxv. Year of the said late King, concerning Restraint of Payment of Annates and First-fruits of Archbishopricks and Bishopricks to the See of Rome;
25 H. 8 c. 19. VI. And one other Act in the said xxv. Year, intituled, An Act concerning the Submission of the Clergy to the King's Majesty;
25 H. 8 c. 20. VII. And also one Act made in the said xxv. Year, intituled, An Act Restraining the Payment of Annates or First-fruits to the Bishop of Rome, and of the Electing and Consecrating of Archbishops and Bishops within this Realm;
25 H. 8. c. 21. VIII. And one other Act made in the said xxv. Year, intituled, An Act concerning the Exoneration of the King's Subjects from Exactions and Impositions heretofore paid to the See of Rome, and for having Licences and Dispensations within this Realm, without suing further for the same;
26 H. 8. c. 14. IX. And one other Act made in the xxvi. Year of the said late King, intituled, An Act for Nomination and Consecration of Suffragans within this Realm;
28 H. 8. c. 16. X. And also one other Act made in the xxviii. Year of the Reign of the said late King, intituled, An Act for the Release of such as have obtained pretended Licences and Dispensations from the See of Rome; (2) and all and every Branches, Words and Sentences in the said several Acts and Statutes contained, by the Authority of this present Parliament, from and at all Times after the last Day of this Session of Parliament, shall be revived, and shall stand and be in full Force and Strength, to all Intents, Constructions and Purposes: The Sentences and Branches in the aforesaid Statutes shall extend to the the Queen.(3) And that the Branches, Sentences and Words, of the said several Acts, and every of them, from thenceforth shall and may be judged, deemed and taken to extend to your Highness, your Heirs and Successors, as fully and largely as ever the same Acts, or any of them, did extend to the said late King Henry the Eighth, your Highness Father.
32 H. 8. c. 38. XI. And that it may also please your Highness, that it may be enacted by the Authority of this present Parliament, That so much of one Act or Statute made in the xxxii. Year of the Reign of your said dear Father King Henry the Eighth, intituled, An Act concerning Pre-contracts of Marriages, and touching Degrees of Consanguinity, 2 & 3 Ed. 6. c. 27.as in the Time of the late King Edward the Sixth, your Highness most dear Brother, by one other Avt or Statute, was not repealed;
37 H. 8. c. 17. XII. And also one Act made in the xxxvii. Year of the Reign of the said late King Henry the Eighth, intituled, An Act that Doctors of the Civil Law, being married, may exercise Ecclesiastical Jurisdiction; (2) and all and every Branches and Articles in the said two Acts last mentioned, and not repealed in the Time of the said late King Edward the Sixth, may from henceforth likewise stand and be revived, and remain in their full Force and Strength, to all Intents and Purposes; any Thing contained in the said Act of Repeal before mentioned, or any other Matter or Cause to the contrary notwithstanding.
What Statutes repealed by the Statute of 1 & 2 Ph. & M. c. 8. s continue repealed. XIII. And that it may also please your Highness, that it may further be enacted by the Authority aforesaid That all other Laws and Statutes, and the Branches and Clauses of any Act or Statute, made void by the said Act of Repeal, made in the Time of the said late King Philip and Queen Mary, and not in this present Act specially mentioned and revived, shall stand, remain, and be repealed and void, in such like Manner and Form as they were before the making of this Act; any Thing herein contained to the contrary notwithstanding.
A Revivor of the Statute 3 Ed. 6. c. 1. XIV. And that it may also please your Highness, that it may be enacted by the Authority aforesaid, That Acts and Statute made in the first Year of the Reign of the late King Edward the Sixth, your Majesties most dead Brother, intituled, An Act against such Persons as shall unreverently speak against the Sacrament of the Body and Blood of Christ, commonly called the Sacrament of the Altar, and for the receiving thereof under both Kinds, and all and every Branches, Clauses and Sentences therein contained, shall and may likewise from the last Day of this Session of Parliament be revived, and from thenceforth shall and may stand, remain and be in full Force, Strength and Effect, to all Intents, Constructions and Purposes, in such like Manner and Form as the same was at any Time in the first Year of the Reign of the said late King Edward the Sixth; any Law, Statute, or other Matter to the contrary in any wise notwithstanding.
A Repeal of the Statute of 1 & 2 Ph. & M. c. 6.
5. R. 2. Stat. 2. c. 5
2. H. 4. c. 15.
2 H. 5. c. 17.
XV. And that also it may please your Highness, that it maybe further established and enacted by the Authority aforesaid, That one Act and Statute made in the first and second Years of the said late King Philip and Queen Mary, entituled, An Act for the Reviving of three Statutes made for the Punishment of Heresies; and also the said three Statutes mentioned in the said Act, and by the same Act revived, (2) and all and
every Branches, Articles, Clauses and Sentences contained in the said several Acts and Statutes, and every of them, shall be from the last Day of this Session of Parliament deemed and remain utterly repealed, void and of none Effect, to all Intents and Purposes; any Thing in the said several Acts, or any of them contained, or any other Matter or Cause to the contrary notwithstanding.
The abolishing of foreign Authority. XVI. And to the Intent that all usurped and foreign Power and Authority Spiritual and Temporal, may for ever clearly extinguished, and never to be used or obeyed within this Realm, or any other your Majesties Dominions or Countries; (2) May it please your Highness that it may be further enacted by the Authority aforesaid, That no foreign Prince, Person, Prelate, State or Potentate Spiritual or Temporal, shall at any Time after the last Day of this Session of Parliament use, enjoy or exercise any Manner of Power, Jurisdiction, Superiority, Authority, Preheminence or Privilege Spiritual or Ecclesiastical, within this Realm, or within any other your Majesty's Dominions or Countries that now be, or hereafter shall be, but from thenceforth the same shall be clearly abolished out of this Realm, and all other your Highness Dominions for ever; any Statute, Ordinance, Custom, Constitutions, or any other Matter or Cause whatsoever to the contrary in any wise notwithstanding.
Cok. pla. fol. 465, 487, Ecclesiastical Jurisdiction annexed to the Crown.
2 Leonard 176.
XVII. And that also it may likewise please your Highness, that it may be established and enacted by the Authority aforesaid, That such Jurisdictions, Privileges, Superiorities and Preheminences Spiritual and Ecclesiastical, as by any Spiritual or Ecclesiastical Power or Authority hath heretofore been, or may lawfully be exercised or used for the Visitation of the Ecclesiastical State and Persons, and for Reformation, Order and Correction of the same, and of all Manner of Errors, Heresies, Schisms, Abuses, Offences, Contempts
and Enormities, shall for ever by Authority of this present Parliament be united and annexed to the Imperial Crown of this Realm.
XVIII. And that your Highness, your Heirs and Successors, Kings or Queens of this Realm, shal have full Power and Authority by Virtue of this Act, by Letters Patents under the Great Seal of England, to assign, name and authorize, when and as often as your Highness, your Heirs and Successors, shall think meet and convenient, and for such and so long Time as shall please your Highness, your Heirs and Successors, as your Majesty, your Heirs and Successors, shall think meet, to exercise, use, occupy and execute under your Highness, your Heirs and Successors, all Manner of Jurisdictions, Privileges and Preheminences, in any wise touching or concerning any Spiritual or Ecclesiastical Jurisdiction, wtihin these your Realms of England and Ireland, or any other yor Highness Dominions and Countries: the Queen may assign Commissioners to exercise Ecclesiastical Jurisdiction.
Repealed 16 Car. 1. c. 11. § 3.
M(illegible text) 755. (illegible text) 1043.
Cro. Car. 113.(2) And to visit, reform, redress, order, correct and amend all such Errors, Heresies, Schisms, Abuses, Offences, Contempts and Enormities whatsoever, which by any Manner of Spiritual or Ecclesisastical Power, Authority or Jurisdiction, can or may lawfully be reformed, ordered, redressed, corrected, restrained or amended, to the Pleasure of Almighty God, the Increase of Virtue, and the Conservation of the Peace and Unity of this Realm; (3) and that such Person or Persons so to be named, assigned, authorized and appointed by your Highness, your Heirs and Successors after the said Letters Patents to him or them made and delivered, as is aforesaid, shave full Power and Authority by Virtue of this Act, and of the said Letters Patents under your Highness, your Heirs and Successors, to exercis, use and execute all the Premisses, according to the Tenour and Effect of the said Letters Patents; any Matter or Cause to the contrary in any wise notwithstanding
Who are compellable to take the Oath.
Ecclessiastical Persons and Officers. Judge. Justice. Mayor. Temporal Officer.
He that hath the Queen's Fee
XIX. And for the better Observation and Maintenance of this Act, may it please your Highness that it may be further enacted by the Authority aforesfaid, That all and every Archbishop, Bishop, and all and every other Ecclesiastical Person, and other Ecclesiastical Officer and Minister, of what Estate, Dignity, Preheminence or Degree soever he or they be or shall be, (2) and all and every Temporal Judge, Justice, Mayor and other Lay or Temporal Officer and Minister, and every other Person having your Highness Fee or Wages, (3) within this Realm, or any your Highness Dominions, shall make, take and receive a corporal Oath upon the Evangelist, before such Person or Persons as shall please your Highness, your Heirs or Successors, under the Great Seal of England to assign and name, to accept and to take the same according to the Tenour and Effect hereafter following; that is to say,
The Oath of the Queen's Supremacy.
Repealed by 1 W. & M. (illegible text) 1. c. 8. §. 2.
1 Bulst. 159.
"I A. B. do utterly testify and declare in my Conscience, That the Queen's Highness is the only Supream Governor of this Realm, and of all other her Highness Dominions and Countries, as well in all Spiritual or Ecclesiastical Things or Causes, as Temporal; and that no foreign Prince, Person, Prelate, State or Potentate, hath or ought to have any Jurisdiction, Power, Superiority, Preheminence, or Authority Ecclesiastical or Spiritual, within this Realm; and therefore I do utterly renounce and forsake all foreign Jurisdictions, Powers, Superiorities and Authorities, and do promise, that from henceforth I shall bear Faith and true Allegiance to the Queen's Highness, her Heirs and lawful Successors, and to my Power shall assist and defend all Jurisdictions, Preheminences, Privileges and Authorities granted or belonging to the Queen's Highness, her Heirs and Successors, or united and annexed to the Imperial Crown of this Realm. So help me God, and by the Contents of this Book."
The Penalty for refusing the Oath.
XX. And that it may also be enacted, That if any such Archbishop, Bishop or any other Ecclesiastical Officer or Minister, or any of the said Temporal Judges, Justiciaries, or other Lay Officer or Minister, shall peremptorily or obstinately refuse to take or receive the said Oath; that then he so refuting shall forfeit and lose only during his Life all and every Ecclesiastical and Spiritual Promotion, Benefice and Office, and every Temporal and Lay Promotion and Office, which he hath solely at the Time of such Refusal made; and that the whole Title, Interest, and Incumbency, in every such Promotion, Benefice, and other Office, as against such Person only so refuting, during his Life shall clearly cease and be void, as though the Party so refusing were dead.
XXI. And that also all and every such Person and Persons so refusing to take the said Oath, shall immediately after such Refusal, be from thenceforth, during his Life, disabled to retain or exercise any Office or other Promotion which he at the Time of such Refusal hath jointly, or in common, with any other Person or sons.
XXII. And that all and every Person and Persons, that at any Time hereafter shall be preferred, promoted or collated to any Archbishoprick or Bishoprick, or to any other Spiritual or Ecclesiastical Benefice, Promotion, Dignity, Office or Ministry; or that shall be by your Highness, your Heirs or Successors, preferred or promoted to any Temporal or Lay Office, Ministry or Service within this Realm, or in any your Highness Dominions, before he or they shall take upon him or them to receive, use, exercise, supply or occupy any such Archbishoprick, Bishoprick, Promotion, Dignity, Office, Ministry or Service, shall likewise make, take, and receive the said corporal Oath before mentioned, upon the Evangelist, before such Persons as have or shall have Authority to admit any such Person to any such Office, Ministry or Service, or else before such Person or Persons as by your Highness, your Heirs or Successors, by Commission under the Great Seal of England, shall be named, assigned or appointed to minister the said Oath.
XXIII. And that it may likewise be further enacted by the Authority aforesaid, That if any such Person or Persons, as at any Time hereafter shall be promoted, preferred or collated to any such Promotion Spiritual or Ecclesiastical, Benefice, Office or Ministry, or that by your Highness, your Heirs or Successors, shall be promoted or preferred to any Temporal or Lay Office, Ministry or Service, shall and do peremptorily and obstinately refuse to take the same Oath so to him to be offered; that then he or they so refusing shall presently be judged disabled in the Law to receive, take or have the same Promotion Spiritual or Ecclesiastical, or the same Temporal Office, Ministry or Service within this Realm, or any other your Highness Dominions, to all Intents, Confirmations and Purposes.
He that sueth Livery or Oustre le maine
XXIV. And that it may be further enacted by the Authority aforesaid, That all and every Person and Persons Temporal, suing Livery or Oustre le maine out of the Hands of your Highness, your Heirs or successors, before his or their Livery or Oustre le mains sued forth and allowed, He that doth Homage to the Queen.
He that shall be received into the Queen's Service.(2) and every Temporal Person or Persons doing any Homage to your Highness, your'Heirs or Successors, or that shall be received into Service with your Highness, your Heirs or Successors, (3) shall make, take and receive the said corporal Oath before mentioned, before the Lord Chancellor of England, or the Lord Keeper of the Great Seal for the Time being, or before such Person or Persons as by your Highness, your Heirs or Successors, shall be named and appointed to accept or receive the same.
He that taketh Orders.
He that taketh Degrees in any University.
XXV. And that also all and every Person and Persons taking Orders, and all and every other Person and Persons which shall be promoted or preferred to any Degree of Learning in any University within this your Realm or Dominions, before he shall receive or take any such Orders, or be preferred to any such Degree of Learning, shall make, take and receive the said Oath by this Act set forth and declared as is aforesaid, before his or their Ordinary, Commissary, Chancellor or Vicechancellor, or their sufficient Deputies in the said University.
He that hath Estate of Inheritance in a Temportal Office, firstr refuseth, and then taketh the Oath. XXVI. Provided always, and that it may be further enacted by the Authority aforesaid, That if any person, having any Estate of Inheritance in any Temporal Office or Offices, shall hereafter obstinately and peremptorily refuse to accept and take the said Oath as is aforesaid, and after at any Time during his Life shall willingly require to take and receive the said Oath, and so do take and accept the same Oath before any Person or Persons that shall have lawful Authority to minister the same; that then every such Person, immediately after he hath so received the said Oath, shall be vested, judged and deemed in like Estate and Possession of the said Office, as he was before the said Refusal, and shall and may us and exercise the said Office in such Manner and Form as he should or might have done before such Refusal; any Thing in this Act contained to the contrary in any wise notwithstanding.
XXVII. And for the more sure Observation of this Act, and the utter Extinguishment of all foreign and usurped Power and Authority; (2) may it please your Highness, that it may be further enacted by the Authority aforesaid, That if any Person or Persons dwelling or inhabiting within this your Realm, or in any other your Highness Realms or Dominions, of what Estate, Dignity or Degree soever he or they be, after the End of thirty Days next after the Determination of this Sess of this present Parliament, shall by Writing, Printing, Teaching, Preaching, Express Words, Deed or Act, advisedly, maliciously and directly affirm, hold, stand with, set forth, maintain or defend, the Authority, Preheminence, Power or Jurisdiction, Spiritual or Ecclesiastical, of any foreign Prince, Prelate, Person, State or Potentate whatsoever, heretofore claimed, us or usurped within this Realm, or any Dominion or Country being within or under the Power, Dominion or Obeysance of your Highness; The Penalty of the Maintenance of foreign Authority.
Dyer 363.(3) or shall advisedly, maliciously and directly put in Ure or execute any Thing for the Extolling, Advancement, setting forth, Maintenance or Defence of any such pretended or usurped Jurisdiction, Power, Preheminence and Authority, or any Part thereof; (4) that then every such Person and Persons so doing and offending, their Abettors, Aiders, Procurers and Counsellors, being thereof lawfully convicted and attainted, according to the due Order and Course of the Common Laws of this Realm, for his or their first Offence shall forfeit and lose unto your Highness, your Heirs and Successors, all his and their Goods and Chattels, as well real as personal.
The Forfeiture for the first Offence. XXVIII. And if any such Person so convicted or attainted shall not have or be worth of his proper Goods and Chattels to the Value of twenty Pounds, at the Time of his Conviction or Attainder; that then every such Person so convicted or attainted, over and besides the Forfeiture of all his said Goods and Chattels, shall have and suffer Imprisonment by the Space of one whole Year, without Bail or Mainprise.
XXIX. And that also all and every the Benefices, Prebends and other Ecclesiastical Promotions and Dignities whatsoever, of every Spiritual Person so offending, and being attainted, shall immediately after such Attainder be utterly void to all Intents and Purposes, as though the Incumbent thereof were dead; (2) and that the Patron and Donor of every such Benefice, Prebend, Spiritual Promotion and Dignity, shall and may lawfully present unto the same, or give the same, in such Manner and Form as if the said Incumbent were dead; Forfeiture of the second Offence.(3) and if any such Offender or Offenders, after such Conviction or Attainder, do estsoons commit or do the said Offences, or any of them, in Manner and Form aforesaid, and be thereof duly convicted and attainted, as is aforesaid; that then every such Offender and Offenders shall for the same second Offence incur into the Dangers, Penalties and Forfeitures ordained and provided by the 16 R. 2. c. 5.Statute of Provision and Præmunire, made in the Sixteenth Year of the Reign of King Richard the Second.
The Penalty of the third Offence XXX. And if any such Offender or Offenders, at any Time after the said second Conviction and Attainder, do the third Time commit and do the said Offences, or any of them, in Manner and Form aforesaid, and be thereof duly convicted and attainted, as is aforesaid; that then every such Offence or Offences shall be deemed and adjudged High Treason, and that the Offender or Offenders therein, being thereof lawfully convicted and attainted, according to the Laws of this Realm, shall suffer Pains of Death, and other Penalties, Forfeitures and Losses, as in Cases of High Treason by the Laws of this Realm.
Within what Time an Offender shall be impeached. XXXI. And also that it may likewise please your Highness, that it may be enacted by the Authority aforesaid, That no Manner of Person or Persons shall be molested or impeached for any of the Offences so committed or perpetrated only by Preaching, Teaching or Words, unless he or they be thereof lawfully indicted within the Space of one Half Year next after his or their Offences so committed: (2) And in case any Person or Persons shall fortune to be imprisoned for any of the said Offences committed by Preaching, Teaching, or Words only, and be not thereof indicted within the Space of one Half Year next after his or their first Offence so committed and done; that then the said Person so imprisoned shall be set at Liberty, and be no longer detained in Prison for any such Cause or Offence.
All Things touching the Præmunire in 1 & 2 Ph. & M. c. 8. §. 40. do continue in force. XXXII. Provided always, and be it enacted by the Authority aforesaid, That this Act, or any Thing therein contained, shall not in any wise extend to repeal any Clause, Matter or Sentence contained or specified in the said Act of Repeal made in the said first and second Years of the Reigns of the said late King Philip and Queen Mary, as doth in any wise touch or concern any Matter or Cause of Præmunire, or that doth make or ordain any Matter or Cause to be within the Case or Matter of Præmunire, shall stand and remain in such Force and Effect, as the same was before the making of this Act; any Thing in this Act contained to the contrary in any wise notwithstanding.
Offences committed against Statutes revived. XXXIII. Provided also, and be it enabled by the Authority aforesaid, That this Act, or any Thing therein contained, shall not in any wise extend or be prejudicial to an Person or Persons for any Offence or Offences committed or done, or hereafter to be committed or done, contrary to the Tenor and Effect of any Act or Statute now revived by this Act, before the End of thirty Days next after the End of the Session of this present Parliament; any Thing in this Act contained, or any other Matter or Cause to the contrary notwithstanding.
Trial of Peers. XXXIV. And if it happen that any Peer of this Realm shall fortune to he indicted of and for any Offence that is revived or made Præmunire or Treason by this Act; that then he so being indicted shall have his Trial by his Peers, in such like Manner and Form as in other Cases of Treason hath been used.
No Matter of Religion, &c. made by this Parliament shall be adjudged Error, Heresy of Schism. XXXV. Provided always, and be it enacted as is aforesaid, That no manner of Order, Act or Determination for any Matter of Religion, or Cause Ecclesiastical, had or made by the Authority of this present Parliament, shall be accepted, deemed, interpreted or adjudged at any Time hereafter, to be any Error, Heresy, Schism or schismatical Opinion; any Order, Decree, Sentence, Constitution or Law, whatsocver the same be, to the contrary notwithstanding.
Commissioners may adjudge such Things to be Heresy as are warranted by the Scripture, or the first four General Councils.
For farther Provisions relating hereto see Chapter 2. And farther 13 El. c. 12. 23 El. c. 1. 13 & 14 Car. 2. c. 4. 15 Car. 2. c. 6. 1 W. & M. stat. 1. c. 18. 5 Ann. c. 5. and 23 Geo. 2. c. 28.
XXXVI. Provided always, and be it enacted by the Authority aforesaid, That such Person or Persons whom your Highness, your Heirs or Successors, shall hereafter by Letters Patents, under the Great Seal of England, give Authority to have or execute any Jurisdiction, Power or Authority Spiritual, or to visit, reform, order or correct any Errors, Heresies, Schisms, Abuses or Enormities by Virtue of this Act, shall not in any wise have Authority or Power to order, determine or adjudge any Matter or Cause to be Heresy, but only such as heretofore have been determined, ordered or adjudged to be Heresy, by the Authority of the Canonical Scriptures, or by the first four General Councils, or any of them, or by any other General Council wherein the same was declared Heresy by the express and plain Words of the said Canonical Scriptures, or such as hereafter shall be ordered, judged or determined to be Heresy by the High Court of Parliament of this Realm, with the Assent of the Clergy in their Convocation; any Thing in this Act contained to the contrary notwithstanding.
None shall be indicted or arraigned, but by two Witnesses. XXXVII. And be it further enacted by the Authority aforesaid, That no Person or Persons shall be hereafter indicted or arraigned for any of the Offences made, ordained, revived or adjudged by this Act, unless there be two sufficient Witnesses or more, to testify and declare the said Offences whereof he shall be indicted or arraigned: (2) And that the said Witnesses, or so many of them as shall be living and within this Realm at the Time of the Arraignment of such Person so indicted, shall be brought forth in Person Face to Face before the Party so arraigned, and there shall testify and declare what they can say against the Party so arraigned, if he require the same.
A Proviso for them that give Relief to Offenders. XXXVIII. Provided also, and be it further enacted by the Authority aforesaid, That if any Person or Persons shall hereafter happen to give any Relief, Aid or Comfort, or in any wise be aiding, helping or comforting to the Person or Persons of any that shall hereafter happen to be an Offender in any Matter or Case of Præmunire or Treason revived or made by this Act; that then such Relief, Aid or Comfort given shall not be judged or taken to be any Offence, unless there be two sufficient Witnesses at the least, that can and will openly testify and declare that the Person or Persons that so gave such Relief, Aid or Comfort, had Notice and Knowledge of such Offence committed and done by the said Offender, at the Time of such Relief, Aid or Comfort so to him given or ministred; any Thing in this Act contained, or any other Matter or Cause to the contrary in any wise notwithstanding.
Chetwood's Appeal to the Court of Rome. 'XXXIX. And where one pretended Sentence hath heretofore been given in the Consistory in Pauls before certain Judges Delegate, by the Authority Legantine of the late Cardinal Poole, by reason of a foreign usurped Power and Authority, against Richard Chetwood Esq; and Agnes his Wife, by the Name of Agnes Woodhall, at the Suit of Charles Tyrril Gentleman, in a Cause of Matrimony solemnized between the said Richard and Agnes, as by the same pretended Sentence more plainly doth appear, from which Sentence the said Richard and Agnes have appealed to the Court of Rome; which Appeal doth there remain, and yet is not determined:'
XL. May it therefore please your Highness, that it may be enacted by the Authority aforesaid, That if Sentence in the said Appeal shall happen to be given at the said Court of Rome for and in the Behalf of the said Richard and Agnes, for the Reversing of the said pretenced Sentence, before the End of threescore Days next after the End of this Session of this present Parliament, that then the same shall be adjudged and taken to be good and effectual in the Law, and shall and may be used, pleaded and allowed in any Court or Place within this Realm; any Thing in this Act, or in any other Act or Statute contained to the contrary notwithstanding.
XLI. And if no Sentence shall be given at the Court of Rome in the said Appeal for the reversing of the said pretenced Sentence before the End of the said threescore Days, that then it shall and may be lawful for the said Richard and Agnes, and either of them, at any Time hereafter, to commence, take, sue and prosecute their said Appeal from the said pretenced Sentence, and for the reversing of the said pretenced Sentence, within this Realm, in such like Manner and Form as was used to be pursued, or might have been pursued within this Realm, at any Time since the twenty-fourth Year of the Reign of the said late King Henry the Eighth, upon any Sentences given in the Court or Courts of any Archbishop within this Realm. XLII. And that such Appeal as so hereafter shall be taken or pursued by the said Richard Chetwood and Agnes, or either of them, and the Sentence that herein or thereupon shall hereafter be given, shall be judged to be good and effectual in the Law to all Intents and Purposes; any Law, Custom, Usage, Canon, Constitution, or any other Matter or Cause to the contrary notwithstanding.
An Appeal between Robert Harcourt and Anthony Fydell XLIII. Provided also, and be it enacted by the Authority aforesaid, That where there is the like Appeal now depending in the said Court of Rome between Robert Harcourt, Merchant of the Staple, and Elizabeth Harcourt, otherwise called Elizabeth Robins, of the one Party, and Anthony Fidell, Merchant-stranger, on the other Party; that the said Robert, Elizabeth and Anthony, and every of them, shall and may, for the prosecuting and trying of their said Appeal, have and enjoy the like Remedy, Benefit and Advantage, in like Manner and Form as the said Richard and Agnes, 1 Hale's P. C. 404.or any of them, hath, may or ought to have and enjoy; this Act or any Thing therein contained to the contrary in any wise notwithstanding. 23 Eliz. c. 1. And see farther 1 W. & M. stat. 1. c. 18.