1531. request, or instance of jurisdiction, to be lawful or tolerable; upon pain of forfeiture to every person by any ordinary, commissary, official, or substitute, by virtue of his office, or at the suit of any person to be cited, or otherwise The forfeit of summoned, or called contrary to this act, of double damages and costs for the an ordinary ofvexation in that behalf sustained, to be recovered against any such ordinary, the purport of fending against commissary, archdeacon, official, or other judge, as shall award or make pro- this statute. cess, or otherwise attempt or procure to do any thing contrary to this act, by action of debt, or action upon the case, according to the course of the common law of this realm, in any of the King's high courts, or in any other competent temporal court of record, by original writ of debt, bill, or plaint; in which action, no protection, other than such as shall be made under the King's great seal, and signed with his sign manual, shall be allowed, neither any wager of law, nor essoin shall be admitted; and upon pain of forfeiture for every person so summoned, cited, or otherwise called (as is abovesaid) to answer before any spiritual judge out of the diocese, or other jurisdiction where the said person so dwells, or is resident or abiding, 101. sterling; the one-half thereof to be to the King our sovereign lord, and the other half to any person that will sue for the same in any of the King's said courts, or in any other the said temporal courts, by writ, information, bill, or plaint; in which action no protection shall be allowed, nor wager of law or essoin shall be admitted. 4. Provided always, that it shall be lawful to every archbishop of this realm to call, cite, and summon any person or persons inhabiting or dwelling in any bishop's diocese, within his province, for causes of heresy, if the bishop, or other ordinary immediate thereunto consent, or if that the same bishop, or other immediate ordinary or judge do not his duty in punishment of the same. 5. Provided also, that this act shall not extend in any wise to the prerogative Proviso for the of the most reverend father in God, the archbishop of Canterbury, or any of probate of testahis successors, of or for calling any person or persons out of the diocese where ments in the he or they be inhabiting, dwelling, or resident, for probate of any testament, terbury. or testaments, any thing in this act contained to the contrary notwithstanding. An archbishop may cite for heresy in another bishop's diocese. diocese of Can 6. And be it further enacted, by authority aforesaid, that no archbishop, The fees for the nor bishop, ordinary, official, commissary, or any other substitute or minister seal of a citation. of any of the said archbishops, bishops, archdeacons, or other having any spiritual jurisdiction, at any time from the feast of Easter next coming, shall ask, demand, take, or receive of any of the King's subjects, any sum or sums of money for the seal of any citation, after the said feast to be awarded or ob tained, than only 3 d. sterling, upon the pains and penalties before cited, contained and expressed in this present act, to be in like form recovered, as is aforeaid. 7. Provided always, that this act be not in any wise hurtful or prejudicial to the archbishop of York, nor to his successors, of, for, or concerning probate of testaments within his province and jurisdiction, by reason of any prerogative; any thing in this act to the contrary thereof notwithstanding. 24 Hen. 8. chap. 12. Proviso for the probate of testadiocese of York. ments in the 1532. Spiritual court. The power, pre- WHERE by divers sundry old authentic histories and chronicles, it is manifestly declared and expressed, that this realm of England is an empire, and so has been accepted in the world, governed by one supreme head and King, having dignity, and royal estate of the imperial crown of the same; unto authority of the whom a body politic, compact of all sorts and degrees of people, divided in King of Engterms, and by names of spiritualty and temporalty, been bounden and owen land. to bear, next to God, a natural and humble obedience; he being also institute and furnished, by the goodness and sufferance of Almighty God, with plenary, whole, and entire power, pre-eminence, authority, prerogative, and jurisdiction, to render and yield justice, and final determination to all manner of folk, resiants, or subjects within this his realm, in all causes, matters, debates, and contentions, happening to occur, insurge, or begin within the limits thereof, without restraint, or provocation to any foreign princes or potentates of the world; the body spiritual whereof having power, when any cause of the law divine happened to come in question, or of spiritual learning, then it was The power, learning, and wisdom of the declared, body spiritual. 1532. declared, interpreted, and shewed by that part of the said body politic, called the spiritualty, now being usually called the English church, which always has been reputed, and also found of that sort, that both for knowledge, integrity, and sufficiency of number, it has been always thought, and is also at this hour, sufficient and meet of itself, without the intermeddling of any exterior person or persons, to declare and determine all such doubts, and to administer all such offices and duties, as to their rooms spiritual do appertain; for the due administration whereof, and to keep them from corruption, and sinister affection, the King's most noble progenitors, and the antecessors of the nobles of this realm, have sufficiently endowed the said church, both with honour and possessions; and the laws temporal, for trial of property of lands and goods, and for the conservation of the people of this realm in unity and peace, without estate temporal. rapine or spoil, was and yet is 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. The form and manner of government of the The several in conveniences in suing of appeals to Rome. All causes determinable by any spiritual jurisdiction shall be adjudged within the King's authority. 2. And whereas the King, his most noble progenitors, and the nobility and commons of this said realm, at divers and sundry parliaments, as well in the time of King Edward I. Edward III. Richard II. Henry IV. 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 preeminences 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, since the making of the said good statutes and ordinances, divers and sundry inconveniences and dangers, not provided for plainly by the said former acts, statutes, and ordinances, have risen and sprung by reason of appeals sued 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 to 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 to 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, nor 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, does 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 of tithes, oblations, and obventions, (the knowledge whereof by the goodness of princes of this realm, and by the laws and customs of the same, appertains to the spiritual jurisdiction of this realm,) already commenced, moved, depending, being, happening, or hereafter coming in contention, debate, or question within this realm, or within any of the King's dominions, or marches of the same, or elsewhere, whether they concern the King our sovereign lord, his heirs and successors, or any other subjects or resiants within the same, of what degree soever they be, shall be henceforth heard, examined, discussed, clearly, finally, and definitively adjudged and determined, within the King's jurisdiction and authority, and not elsewhere, in such 1532. 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 hinderance, let, or prejudice of the same, or to any other thing 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 excommencement, excommunications, interdictions, citations, or any other censures, or foreign process out of any outward parts, to be fulminated, promulged, declared, or put in execution within this said realm, or 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, or 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 The prelates of curates within this realm, and the dominions of the same, shall and may use, this realm may minister, execute, and do, or caused to be used, executed, ministered, and done, craments and all sacraments, sacramentals, divine services, and all other things within the divine service said realm and dominions, unto all the subjects of the same, as catholic and to the subjects christian men ought to do, any foreign citations, processes, inhibitions, sus- of this realm. pensions, interdictions, excommunications, or appeals, for or touching any of 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. execute all sa 3. And if any of the said spiritual persons, by the occasion of the said The penalty of fulminations of any of the same interdictions, censures, inhibitions, excom- them who omit munications, appeals, suspensions, summons, or other foreign citations for the to do their duty. causes beforesaid, or for any of them, do at any time hereafter refuse to minister, or cause to be ministered, the said sacraments and sacramentals, and other divine services, in form as is aforesaid, 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 make fine and ransom at the King's pleasure. any appeals, process, sen tences, &c. shall incur the forfeiture of præ munire. 4. And it is further enacted, by the authority aforesaid, that if any person Whosoever proor persons inhabiting or resiant within this realm, or within any of the King's cures from the said dominions, or marches of the same, or any other person or persons, of what see of Rome, &c. 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 foreign process, inhibitions, appeals, sentences, summons, citations, suspensions, interdictions, excommunications, restraints, or judgments, of what nature, kind, or quality soever they be, or execute any of the same process, or do any act or acts to the let, impediment, hinderance, or derogation of any process, sentence, judgment, or determination had, made, done, or hereafter to be had, done, or made, 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, abetters, procurers, executors, and counsellors, and every of them, 1532. Before whom, and in what shall be sued within this realm. being convict of the same, for every such default shall incur and run in the same pains, penalties, and forfeitures, ordained and provided by the statute of provision, and præmunire, made in the sixteenth year of the reign of the right noble prince, King Richard II. 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. 5. 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 henceforth take, have, and use their appeals within this realm, and not elsewhere, in manner and form as hereafter ensues, 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. 6. 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 courts appeals 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. Appeals ought to be within fifteen days. Suits commenced before an archbishop shall be determined by him, without any further appeal. 7. And if the matter or contention for any of the causes aforesaid be or shall be commenced, by any of the King's subjects or resiants, before the archdeacon of any archbishop, or his commissary, then the 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 used. 8. 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, senThe prerogative tence, or decree, otherwise than is by this act limited and appointed; saving of the archbishop always the prerogative of the archbishop, and church of Canterbury, in all the foresaid causes of appeals, to him and his successors to be sued within this realm, in such and like wise as they have been accustomed and used to have heretofore of Canterbury saved. Before whom an appeal shall be used in any cause touching the King. 9. And in case any cause, matter, or contention, now depending for the causes before rehearsed, or any of them, or that hereafter shall come in contention for any of the same causes, in any of the foresaid courts, which has, does, shall, or may touch the King, his heirs or successors, Kings of this realm; that in all and every such case or 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, 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 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 foresaid 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 the 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. 10. 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 the said sixteenth year more plainly appears. 25 H. 8. c. 19. 1532. 1533. Convocation. Several canons realm. WHERE the King's humble and obedient subjects, the clergy of this Canons. realm of England, have not only acknowledged according to the truth, Spiritual court. that the convocation of the same clergy is, always has been, and ought to be Appeal. assembled only by the King's writ, but also submitting themselves to the King's Majesty, have promised in verbo sacerdoti, that they will never henceforth presume to attempt, allege, claim, or put in ure, enact, promulge, or execute any new canons, constitutions, ordinances provincial, or other, or by whatsoever other name they shall be called in the convocation, unless the King's most royal assent and license may to them be had, to make, promulge, and execute the same; and that his Majesty do give his most royal assent and authority in that behalf: And where divers constitutions, ordinances, have been preand canons provincial, or synodal, which heretofore have been enacted, be judicial to the thought not only to be much prejudicial to the King's prerogative royal, and King's prerogarepugnant to the laws and statutes of this realm, but also overmuch onerous tive, and to the to his Highness, and his subjects; the said clergy have most humbly besought laws and stathe King's Highness, that the said constitutions and canons may be committed tutes of this to the examination and judgment of his Highness, and of two and thirty persons of the King's subjects, whereof sixteen to be of the upper and nether house of the parliament of the temporalty, and other sixteen to be of the clergy of this realm; and all the said two and thirty persons to be chosen and appointed by the King's Majesty; and that such of the said constitutions and canons, as shall be thought and determined by the said two and thirty persons, or the more part of them, worthy to be abrogated and annulled, shall be abolished, and made of no value accordingly; and such other of the same constitutions and canons, as by the said two and thirty, or the more part of them, shall be approved to stand with the laws of God, and consonant to the laws of this realm, shall stand in their full strength and power, the King's most royal assent first had and obtained to the same: be it therefore now enacted by not enact any The clergy shall authority of this present parliament, according to the said submission, and constitutions or petition of the said clergy, that they, nor any of them, henceforth shall pre- ordinances sume to attempt, allege, claim, or put in ure any constitutions, or ordinances without the provincial, or synodal, or any other canons; nor shall enact, promulge, or King's assent. execute any such canons, constitutions, or ordinances provincial, by whatso- The convocation ever name or names they may be called, in their convocations in time coming bled by the (which always shall be assembled by authority of the King's writ) unless the King's writ. same shall be assem |