ANNO REGNI CAROLI REGIS ANGLIAE, SCOTIAE, FRANCIAE, & HIBERNIAE, DECIMO SEPTIMO.  
At the Parliament begun at Westminster, the third day of November, Anno Dom. 1640.  
In the 16. year of the Reign of our most gracious Sovereign Lord, CHARLES, by the grace of God, of England, Scotland, France, and Ireland KING, Defender of the Faith, etc.  
LONDON, Printed by ROBERT BARKER, Printer to the Kings most Excellent Majesty: And by the Assigns of JOHN BILL. 1641.  
Cum Privilegio.   


C R  HONI SOIT QVI MAL Y PENSE DIEV ET MON DROIT  royal blazon or coat of arms   

ANNO XVII. Caroli Regis.  
¶ An Act for disinabling all Persons in Holy Orders to exercise any Temporal Jurisdiction or Authority.  
WHereas Bishops and other Persons in holy Orders ought not to be entangled with secular jurisdiction (the Office of the Ministry being of such great Importance, that it will take up the whole Man) And for that it is found by long experience, that their intermeddling with secular jurisdictions, hath occasioned great mischiefs and scandal both to Church and State; His Majesty, out of His Religious care of the Church and Souls of His People, is graciously pleased that it be Enacted, And by Authority of this present Parliament be it Enacted, That no Archbishop or Bishop or other person that now is, or hereafter shall be in Holy Orders, shall at any time, after the fifteenth day of February, in the year of our Lord. One thousand six hundred forty one, have any Seat or Place, Suffrage or Voice, or use or execute any power or authority in the Parliaments of this Realm, nor shall be of the Privy Council of His Majesty, His Heirs or Successors, or justice of the Peace of Oyer and Terminer, or goal-delivery, or execute any Temporal authority by virtue of any Commission, But shall be wholly disabled, and be uncapable to have, receive, use or execute any of the said Offices, Places, Powers, Authorities and things aforesaid.  
And be it further Enacted by the Authority aforesaid, That all Acts from and after the said fiftéenth day of February, which shall be done or executed by any Archbishop or Bishop or other Person whatsoever 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 present Act, shall be utterly void to all intents, constructions and purposes.   

❧ ANNO XVII. Caroli Regis.  
❧ An Act for repeal of a Branch of a Statute primo Elizabethae, concerning Commissioners for Causes Ecclesiastical.  
WHereas in the Parliament holden in the first year of the reign of the late Queen Elizabeth, late Queën of England, there was an Act made and established, Entitled. An Act restoring to the Crown the ancient Jurisdiction over the State Ecclesiastical and Spiritual, and abolishing all foreign power repugnant to the same; In which Act, amongst other things, there is contained one Clause, Branch, Article or Sentence, whereby it was Enacted to this effect; Namely, that the said late Queen's Highness, her heirs and successors Kings or Queen's of this Realm, should have full power and authority by virtue of that Act by Letters Patents under the great Seal of England, to assign, name and authorise, when, and as often as her Highness, her heirs or Successors should think meet and convenient, and for such, and so long time as should please her Highness, her Heirs or Successors, such person or persons being natural born Subjects to her Highness, her Heirs or Successors, as her Majesty, her Heirs or Successors should think meet to exercise, use, occupy and execute under her Highness, her Heirs and Successors, all manner of jurisdictions, Privileges and Pre-eminence, in any wise touching or concerning any Spiritual or Ecclesiastical jurisdiction within these her Realms of England and Ireland, or any other her Highness' Dominions and Countries, and to visit, reform, redress, order, correct and amend all such errors, heresies, schisms, abuses, offences, contempts and Enormities whatsoever, which by any manner Spiritual or Ecclesiastical power, authority or jurisdiction, 〈◊〉 or may lawfully be reform, 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: And that such person or persons so to be named, assigned, authorized and appointed by her Highness, her Heirs or Successors after the said Letters Patents to him or them made and delivered, as aforesaid, should have full power and authority, by virtue of that Act, and of the said Letters Patents under her Highness, her Heirs or Successors to exercise, use and execute all the premises, according to the tenor and effect of the said Letters Patents, any matter or cause to the contrary in any wise notwithstanding.  
And whereas by colour of some words in the foresaid Branch of the said Act, whereby Commissioners are authorized to execute their Commission according to the tenor and effect of the King's Letters Pettents, and by Letters Patents grounded thereupon the said Commissioners have to the great and insufferable wrong and oppression of the King's Subjects, used to fine and imprison them, and to exercise other authority not belonging to Ecclesiastical jurisdiction restored by that Act, and divers other great mischiefs and inconveniences have also ensued to the King's Subjects, by occasion of the said Branch and Commissions issued thereupon, and the executions thereof: Therefore for the repressing and preventing of the foresaid abuses, mischiefs and inconveniences in time to come;  
Be it enacted by the Kings most Excellent Majesty, and the Lords and Commons in this present Parliament assembled, and by the authority of the same, That the foresaid Branch; Clause, Article or Sentence contained in the said Act, and every word, matter and thing contained in that Branch, Clause, Article or Sentence; shall from henceforth be repealed, annulled, revoked, annihilated and utterly made void for ever, any thing in the said Act to the contrary in any wise notwithstanding.  
And be it also enacted by the authority aforesaid, That no Archbishop, Bishop, nor Vicar general, nor any Chancellor, Official, nor Commissary of any Archbishop, Bishop or Vicar general, nor any Ordinary whatsoever, nor any other Spiritual or Ecclesiastical judge, Officer or Minister of justice, nor any other person or persons whatsoever, exercising Spiritual or Ecclesiastical power, authority or jurisdiction, by any Grant, Licence or Commission of the King's Majesty. his Heirs or Successors, or by any power or authority derived from the King, his Heirs or Successors, or otherwise shall from and after the first day of August, which shall be in the yeér of our Lord God one thousand six hundred forty and one, award impose or inflict any pain, penalty, fine, amercement imprisonment, or other corporal punishment upon any of the King's Subjects for any contempt misdemeanour, crime offence matter or thing whatsoever belonging to Spiritual or Ecclesiastical cognisance or jurisdiction, or shall ex officio or at the instance or promotion of any other person whatsoever, urge, enforce, tender, give or minister unto any Churchwarden, Sideman or other person whatsoever any corporal oath, whereby he or she shall or may be charged or obliged to make any presentment of any crime or offence, or to confess or to accuse him or herself of any crime, offence, delinquency or misdemeanour or any neglect, matter or thing whereby or by reason whereof be or she shall or may be liable or exposed to any censure, pain, penalty or punishment whatsoever, upon pain, and penalty that every person, who shall offend contrary to this Statute, shall forfeit and pay treble damages to every person thereby grieved, and the sunt of one hundred pounds to him or them who shall first demand and sue for the same, which said treble damages and sum of one hundred pounds shall and may be demanded and recovered by action of debt, bill, or plaint in any Court of Record, wherein no privilege. Essoine, protection or wager of Law shall be admitted or allowed to the Defendant. And be it further enacted. That every person who shall be once convicted of 〈◊〉 or offence, prohibited by this Statute, shall for such act or offence be 〈◊〉 and after such conviction utterly disabled to be or continue in any off●●● or employment, in any Court of justice whatsoever: or to exercise or execute any power, authority, or jurisdiction, by force of any Commission, or Letters Patents of the King, his Heirs or Successors.  
And be it further Enacted. That from and after the said first day of August, no new Court shall be erected, ordained or appointed within this Realm of England, or Dominion of Wales, which shall or may have the like power, jurisdiction or authority, as the said high Commission Court now hath or pretendeth to have. But that all and every such Letters Patents, Commissions and Grants made or to be made by his Majesty, his Heirs or Successors. And all powers and authorities granted or pretended or mentioned to be granted thereby, and all Acts, Sentences and Decrees to be made by virtue or colour thereof 〈◊〉 be utterly void, and of no●● 〈◊〉   

ANNO XVII. Caroli Regis.  
¶ An Act for regulating of the Privy Council, and for taking away the Court commonly called the Star-Chamber,  
WHereas by the great Charter many times confirmed in Parliament, It is enacted, That no Freeman shall be taken or imprisoned, or disseised of his Fréehold or Liberties or free Customs, or be Outlawed or exiled or otherwise destroyed, and that the King will not pass upon him, or condemn him but by lawful judgement of his Péers, or by the Law of the Land: And by another Statute made in the fifth year of the Reign of King Edward the third, It is Enacted, That no Man shall be attached by any accusation, nor forejudged of life or limb, nor his Lands, Tenements, Goods nor Chattels seized into the King's hands against the form of the great Charter, and the Law of the Land: And by another Statute made in the five and twentieth year of the Reign of the same King Edward the third, It is accorded, assented and established, that none shall be taken by petition, or suggestion made to the King or to His Council, unless it be by Indictment or Presentment of good and lawful people of the same neighbourhood where such de●●● be done, in due manner, or by Process made by Writ Original at the common Law, and that none be put out of his Franchise or Fréehold, unless he be duly brought in to answer, and forejudged of the same by the course of the Law, and if any thing be done against the same, it shall be redressed and holden for none. And by another Statute made in the eight and twentieth year of the Reign of the same King Edward the third, It is amongst other things Enacted, that no man of what estate or condition soever he be, shall be put out of his Lands or Tenements, nor taken nor imprisoned, nor disinherited, without being brought in to answer by due Process of Law: And by another Statute made in the two & fourtieth year of the Reign of the said King Edward the third, It is Enacted, that no man be put to answer without presentment before justices, or matter of Record, or by due Process and Writ original, according to the old Law of the Land, and if any 〈…〉 be done to the contrary, it shall be void in Law and holden for 〈…〉 by another Statute, made in the six and thirtieth year of the sa●● 〈◊〉 Edward the third, It is amongst other things Enacted, That all 〈◊〉 which shall be pleaded in any Courts before any the King's justices, or in His other places, or before any of His other Ministers, or in the Courts and places of any other Lords within the Realm, shall be entered and enroled in Latin. And whereas by the Statute made in the third year of King Henry the seventh, power is given to the Chancellor, the Lord Treasurer of England for the time being, and the Keeper of the King's Privy Seal or two of them, calling unto them a Bishop and Temporal Lord of the Kings most honourable Council, and the two chief justices of the King's Bench and common Pleas for the time being, or other two justices in their absence to proceed, as in that Act is expressed, for the punishment of some particular offences therein mentioned, And by the Statute made in the one and twentieth year of King Henry the eighth, The Precedent of the Council is associated to join with the Lord Chancellor and other judges in the said Statute, of the third of Henry the seventh mentioned, But the said judges have not kept themselves to the points limited by the said Statute, but have undertaken to punish where no Law doth warrant, and to make Decrees for things having no such authority, and to inflict heavier punishments than by any Law is warranted.  
And forasmuch as all matters examinable, or determinable before the said judges, or in the Court commonly called the Star-chamber, may have their proper remedy and redress, and their due punishment, and correction by the common Law of the Land, and in the ordinary course of justice elsewhere; And forasmuch as the reasons and motives inducing the erection and continuance of that Court do now cease, and the proceed, Censures and Decrees of that Court, have by experience been found to be an intolerable burden to the Subject, and the means to introduce an arbitrary power and Government; And forasmuch as the Councel-Table, hath of late times assumed unto itself, a power to intermeddle in Civil causes and matters, only of private interest between party and party, and have adventured to determine of the Estates and Liberties of the Subject, contrary to the Law of the Land, and the rights and privileges of the Subject, by which great and manifold mischiefs and inconveniences have arisen and happened, and much incertainty by means of such proceed hath been conceived cencerning men's rights, and estates; For settling whereof, and preventing the like in time to come;  
Be it Grdained and Enacted by authority of this present Parliament, That the said Court commonly called the Star-Chamber, and all jurisdiction power and authority belonging unto, or exercised in the same Court, or by any the judges, Officers or Ministers thereof, be from the first day of August, in the year of our Lord God, one thousand six hundred forty and one, clearly and absolutely dissolved, taken away and determined, and that from the said first day of August, neither the Lord Chancellor, or Keeper of the great Seal of England, the Lord Treasurer of England, the Keeper of the King's Privy-Seal, or Precedent of the Council, nor any Bishop, Temporal Lord, Privy-councillor, or judge, or justice whatsoever, shall have any power or authority to hear, examine, or determine any matter or thing whatsoever, in the said Court commonly called the Star-Chamber, or to make, pronounce, or deliver any judgement, Sentence, Order or Decree, or to do any judicial or Ministerial Act in the said Court: And that all and every Act and Acts of Parliament, and all and every Article, Clause and Sentence in them and every of them, by which any jurisdiction, power, or authority is given, limited or appointed unto the said Court, commonly called the Star-Chamber, or unto all, or any the judges, Officers, or Ministers thereof, or for any proceed to be had or made in the said Court, or for any matter or thing to be drawn into question, examined, or determined there, shall for so much as concerneth the said Court of Star-Chamber, and the power and authority thereby given unto it, be from the said first day of August repealed, and absolutely revoked and made void.  
And be it likewise enacted, That the like jurisdiction now used and exereised in the Court before the Precedent, and Council in the Marches of Wales, and also in the Court, before the Precedent, and Council established in the Northern parts: And also in the Court commonly called the Court of the Duchy of Lancaster, held before the Chancellor, and Council of that Court: and also in the Court of Exchequer, of the County Palatine of Chester, held before the Chamberlain and Council of that Court; The like jurisdiction being exercised there, shall from the said first day of August, one thousand six hundred forty and one, be also repealed, and absolutely revoked and made void, any Law, Prescription, Custom or usage, Or the said Statute, made in the third year of King Henry the seventh, Or the Statute, made the one and twentieth of Henry the eighth, Or any Act or Acts of Parliament heretofore had or made, to the contrary thereof in any wise notwithstanding, and that from henceforth no Court, Council, or place of judicature shall be erected, ordained, constituted or appointed within this Realm of England; or Dominion of Wales, which shall have, use or exercise the same, or the like jurisdiction, as is, or hath been used, practised, or exercised in the said Court of Star-Chamber.  
Be it likewise declared and enacted by authority of this present Parliament, That neither his Majesty, nor his privy-councel, have, or aught to have any jurisdiction, power, or authority, by English Bill, Petition, Articles, Libel, or any other arbitrary way whatsoever, to examine, or draw into question, determine or dispose of the Lands, Tenements, Hereditaments, Goods or Chattels, of any the Subjects of this Kingdom: But that the same aught to be tried, and determined in the ordinary Courts of justice, and by the ordinary course of the Law.  
And be it further provided and enacted, That if any Lord Chancellor, or Keeper of the great Seal of England, Lord Treasurer, Keeper of the King's Privy Seal, Precedent of the Council, Bishop, Temporal Lord, Privy-Councellour, judge, or justice whatsoever, shall offend, or do any thing contrary to the purport, true intent and meaning of this Law, Then he or they shall for such offence, forfeit the sum of five hundred pounds of lawful money of England, unto any party grieved, his Executors or Administrators, who shall really prosecute for the same, and first obtain judgement thereupon, to be recorded in any Court of Record at Westminster, by action of Debt, Bill, Plaint, or Information, wherein no Essoine. Protection, Wager of Law, Aid. Prayer, Privilege, Injunction, or Order of restraint shall be in any wise prayed, granted or allowed, nor any more than one Imparlance. And if any person, against whom any such judgement, or Recovery shall be had as aforesaid, shall after such Judgement, or Recovery offend again in the same, than he or they for such offence shall forfeit the sum of one thousand pounds of lawful money of England unto any party grieved his Executors or Administrators, who shall really prosecuse for the same, and first obtain judgement thereupon to be recorded in any Court of Record at Westminster, by action of Debt, Bill, Plaint, or Information, in which no Essoine Protection, Wager of Law, wid, Prayer, Privilege, Injunetion or Order of Restraint shall be in any wise prayed granted or allowed, nor any more than one Imparlance, and if any person against whom any such second judgement or Recovery shall be had as aforesaid, shall after such judgement or Recovery offend again in the same kind▪ and shall be thereof duly convicted by Indictment, Information, or any other lawful way or means, that such person so convicted shall be from thenceforth disabled, and become by virtue of this Act incapable Ipso facto, to hear his and their said Office, and Offices respectively▪ and shall be likewise disabled to make any Gift, Grant, Conveyance, or other disposition of any his Lands, Tenements▪ Hereditaments, Goods or Chattels, or to take any benefit of any Gift, Conveyance, or Legacy to his own use.  
And every person so offending shall likewise forfeit and lose unto the party grieved, by any thing done contrary to the true intent and meaning of this Law, his treble damages, which he shall sustain, and be put unto by means or occasion of any such Act, or thing done, the same to be recovered in any of His Majesty's Courts of Record at Westminster, by action of Debt, Bill, Plaint, or Information, wherein no Essoine, Profection, Wager of Law, Aid, Prayer, Privilege, Injunction or Order of Restraint, shall be in any wise Prayed, Granted, or allowed, nor any more than one Imparlance.  
And be it also provided and enacted, That if any person shall hereafter he committed, restrained of his liberty, or suffer imprisonment by she Order or Decree of any such Court of Star-Chamber, or other Court aforesaid now, or at any time hereafter, having or pretending to have the same or like jurisdiction, Power or authority to commit, or imprison as aforesaid, Or by the Command or Warrant of the King's Majesty, his Heirs or Successors in their own person, or by the Command or Warrant of the Councel-board, or of any of the Lords, or others of his Majesty's Privy-Councel, That in every such case every person so committed, restrained of his liberty, or suffering imprisonment, upon demand or motion made by his Counsel, or other employed by him for that purpose, unto the judges of the Court of King's Bench, or Common Pleas. in open Court, shall without delay, upon any pretence whatsoever, for the ordinary Fees usually paid for the same, have forthwith granted unto him a Writ of Habeas Corpus, to be directed generally unto all and every Sheriffs, Goaler, Minister, Officer, or other person, in whose custody the party committed or restrained shall be, and the Sheriffs, Goaler, Minister, Officer, or other person, in whose custody the party so committed or restrained shall be, shall at the return of the said Writ, and according to the Command thereof, upon due and convenient notice thereof given unto him, at the charge of the party who requireth or procureth such Writ, and upon security by his own bond given, to pay the charge of carrying back the Prisoner, if he shall be remanded by the Court, to which he shall be brought, as in like cases hath been used, such Charges of bringing up and carrying back the Prisoner, to be always ordered by the Court, if any difference shall arise thereabout, bring or cause to be brought the body of the said party so committed, or restrained, unto and bafore the judges or justices of the said Court, from whence the same Writ shall issue in open Court, and shall then likewise certify the true cause of such his deteinour or imprisonment, and thereupon the Court within three Court-days after such return made and delivered in open Court, shall proceed to examine and determine whether the cause of such Commitment appearing upon the said return be just and legal, or not, and shall thereupon do what to justice shall appertain, either by delivering, bailing, or remanding the Prisoner. And if any thing shall be otherwise wilfully done or omitted to be done by any judge, justice, Officer, or other person , contrary to the direction and true meaning hereof, That then such person so offending shall forfeit to the party grieved his treble damages, to be recovered by such means and in such manner, as is formerly in this Act limited and appointed for the like penalty to be sued for and recovered.  
Provided always, and be it enacted, That this Act, and the several Clauses therein contained, shall be taken and expounded to extend only to the Court of Star-Chamber, and to the said Courts holden before the Precedent, and Council in the Marches of Wales, and before the Precedent and Council in the Northern Parts: And also to the Court commonly called the Court of the Duchy of Lancaster, holden before the Chancellor and Council of that Court: And also in the Court of Exchequer of the County Palatine of Chester, held before the Chamberlain and Council of that Court. And to all Courts of like jurisdiction to be hareafter erected, ordained, constituted or appointed as aforesaid: And to the Warrants and Directions of the Councel-board, and to the Commitments, restraints and imprisonments of any person or persons made, commanded, or awarded by the King's Majesty, his Heirs or Successors in their own person, or by the Lords and others of the Privy-Councel, and every one of them.  
And lastly, provided, and be it enacted. That no person or persons shall be sued, impleaded, molested or troubled for any offence against this present Act unless the party supposed to have so offended, shall be sued or impleaded for the same within two years at the most after such time wherein the said offence shall be committed.