Charles II, 1661
An Act for Explanation of a Clause contained in Act of Parliament made in the seventeenth yeare of the late King Charles Entituled An Act for Repeal of a Branch of a Statute Primo Elizabethe concerning Commissioners for Causes Ecclesiasticall.

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History of Parliament Trust

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Author

John Raithby (editor)

Year published

1819

Pages

315-316

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'Charles II, 1661: An Act for Explanation of a Clause contained in Act of Parliament made in the seventeenth yeare of the late King Charles Entituled An Act for Repeal of a Branch of a Statute Primo Elizabethe concerning Commissioners for Causes Ecclesiasticall.', Statutes of the Realm: volume 5: 1628-80 (1819), pp. 315-316. URL: http://www.british-history.ac.uk/report.aspx?compid=47296 Date accessed: 25 July 2014.


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17(16) C. I. c. II. recited, as repealing 1 Eliz. c. 1. §18.

The said Act not to take away ordinary Power from Archbishops, &c. in Ecclesiastical Jurisdiction.

WHEREAS in an Act of Parliament made in the seaventeenth yeare of the late King Charles Entituled An Act for Repeal of a Branch of a Statute Primo Elizabethe concerning Commissioners for Causes Ecclesiasticall it is amongst other things Enacted That no Archbishop Bishop nor Vicar Generall nor any Chancellor 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 exerciseing Spirituall or Ecclesiasticall Power Authority 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 from and after the first day of August which then should be in the yeare of our Lord God One thousand six hundred forty one) award impose or inflict any Pain Penalty Fine Amercement Imprisonment or other corporall punishment upon any [of (fn. 1) ] the Kings Subjects for any contempt misdemeanor crime offence matter or thing whatsoever belonging to Spirituall or Ecclesiasticall Cognizance or Jurisdiction whereupon some doubt hath beene made that all ordinary power of Coertion and Proceedings in Causes Ecclesiasticall were taken away whereby the ordinary course of Justice in Causes Ecclesiasticall hath been obstructed Be it therefore declared and enacted by the Kings most Excellent Majestie by and with the advice and consent of the Lords and Commons in this present Parliament assembled and by the Authority thereof That neither the said Act nor any thing therein contained doth or shall take away any ordinary Power or Authority from any of the said Archbishops Bishops or any other person or persons named as aforesaid but that they and every of them exercising Ecclesiasticall Jurisdiction may proceed determine sentence execute and exercise all manner of Ecclesiasticall Jurisdiction and all Censures and Coertions apperteyning and belonging to the same before the makeing of the Act before recited in all causes and matters belonging to Ecclesiasticall Jurisdiction according to the Kings Majesties Ecclesiasticall Lawes used and practised in this Realme in as ample manner and forme as they did and might lawfully have done before the makeing of the said Act.

II. 17(16) C. I. c. 11. repealed except as to High Commission Court.

And be it further Enacted by the Authoritie aforesaid That the afore recited Act of Decimo septimo Caroli and all the matters and Clauses therein conteined (excepting what concernes the High Commission Court [or the new erection of some such like Court by Commission (fn. 2) ]) shall be and is hereby repealed to all intents and purposes whatsoever Any thing clause or sentence in the said Act contained to the contrary notwithstanding

III. This Act not to give force to 1 Eliz. c. 1. §18.

Provided alwaies and it is hereby Enacted That neither this Act nor any thing herein contained shall extend or be construed to revive or give force to the said Branch of the said Statute made in the said first yeare of the Reigne of the said late Queen Elizabeth mentioned in the said Act of Parliament made in the said seaventeenth yeare of the Reigne of the said King Charles but that the said Branch of the said Statute made in the said first yeare of the Reigne of the said Queene Elizabeth shall stand and be repealed in such sort as if this Act had never beene made

IV. Proviso touching the Oath Ex Officio.

Provided alsoe and it is hereby further Enacted That it shall not be lawfull for any Archbishop Bishop Vicar Generall Chancellor Commissary or any other Spirituall or Ecclesiasticall Judge Officer or Minister or any other person having or exercising Spirituall or Ecclesiasticall Jurisdiction to tender or administer unto any person whatsoever the Oath usually called the Oath Ex Officio or any other Oath whereby such person to whom the same is tendred or administred may be charged or compelled to confesse or accuse or to purge him or her selfe of any criminall matter or thing whereby he or she may be lyable to any censure or punishment Any thing in this Statute or any other Law Custome or Usage heretofore to the contrary hereof in any wise notwithstanding.

V. This Act not to give any other Jurisdiction to Archbishops, &c. than they had before 1639; nor to abridge the King's Supremacy; nor to confirm the Canons of 1640.

[Provided alwaies that this Act or any thing therein contained shall not extend or be construed to extend, to give unto any Archbishopp Bishop or any other Spirituall or Ecclesiasticall Judge Officer or other person or persons aforesaid any power or authority to exercise execute inflict or determine any Ecclesiasticall Jurisdiction Censure or Coertion which they might not by Lawe have done before the yeare of our Lord One thousand six hundred and thirty nine nor to abridge or diminish the Kings Majesties Supremacy in Ecclesiasticall matters and affaires nor to confirm the Canons made in the yeare One thousand six hundred and forty nor any of them nor any other Ecclesiasticall Lawes or Canons not formerly confirmed allowed or enacted by Parliament or by the established Lawes of the Land as they stood in the yeare of the Lord One thousand six hundred thirty and nine (fn. 3) ]

Footnotes

1 an O.
2 interlined on the Roll.
3 annexed to the Original Act in a separate Schedule.