TWO ACTS OF Parliament, Made in the 17. year of King CHARLES, I. OF Blessed Memory. The first Concerning the High-Commission Court. And the Powers of the Arch-Bishop, Bishop Vicar General, Chancellor Official, Commissary, Ordinary. And all other Spiritual, or Ecclesiastical Judges, or Ministers of Justice. The Second, That Persons in holy Orders shall not exercise any temporal Jurisdiction. London: Printed for Edward Spurdance, and are to be sold in Westminster-Hall, Pauls Church yard, and the Royal Exchange. 1661. The High Commission Court taken away. 17. King Charles I. the 11. ch. pag. 12. in the Folio Book. WHereas in the Parliament holden in the first year of the Reign of the late Queen Eliz. late Queen 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 others things, their is contained one Clause, Branch, Article, or Sentence, whereby it was enacted to this effect; Namely, that the said late Queens Highness, her Heirs and successors Kings or Queens of this Realm, shall have full power and authority by virtue of that Act, by Letters Patents under the great Seal of England, to assign, name and authorize, when, and as often as her Highness, her Hairs 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 Jurisdictions within these her Realms of England and Ireland, or any other her Highness Dominions and Countreys, 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, 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. And that such person or persons so to be name, assigned, authorised 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 affect of the said Letters Patents, any matter or cause to the contrary in any wise notwithstanding. High Commission Court. And whereas by colour of some words in the foresaid Branch of the said Act, whereby Commissioners are authorised to execute their Commission according to the tenor and effect of the Kings Letters, Patents, and by Letters Patents grounded thereupon, the said Commissioners have, to the great and insufferable wrong and oppression of the Kings 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 Kings 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. Repeal. 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, amnihilated and utterly made voided for ever, any thing in the said Act to the contrary in any wise notwithstanding. Powers taken away. And be it also enacted by the authority aforesaid, That no Arch-bishop, Bishop, nor Uicar General, nor any chancellor, Official nor Commissary of any Arch-bishop, Bishop, or Uicar 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 Kings 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 year 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 Kings Subjects, for any contempt, misdemeanour, crime, offence, matter or thing whatsoever, belonging to Spiritual or Ecclesiastical cognizance or jurisdiction, Oath ex officio. or shall ex officio, or at the instance or promotion of any other person whatsoever, urge, enforce, tender, give, or minister unto any Church-warden, Syde-man, 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 her self of any crime, offence, delinquency or misdemeanour, or any neglect, matter of thing, whereby, or by reason whereof, he or she shall or may be liable or exposed to any censure, pain, penalty, or punishment whatsoever, upon pain and penalty, Penalty of one hundred pounds, and triple damages. that every person, who shall offend contrary to this Statute, shal forfeit and pay triple damages to every person thereby grieved, and the sum of one hundred pounds to him or them, who shall first demand and sue for the same, which said triple 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, Essoign, Protection, or Wager of Law shall be admitted or allowed to the Defendant. And be it further Enacted, Offender convicted, disabled for any Office or employment. That every person who shall be once convicted of any Act or Offence, prohibited by this Statute, shall for such Act or Offence be from and after such conviction utterly disable to be or continue in any office 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, No new Court with like power shall be erected. That from and after the 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 power and authorities granted or pretended, or mentioned to be granted thereby, and all Acts, Sentences and Decrees to be made by virtue or colour therof, shall be utterly voided and of none effect. Persons in holy Orders shall not exercise any Temporal Jurisdiction. 17. King Charles I. the 28. ch. pag. 21. in the Folio Book. 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 Persons in holy Orders ought not to be entangled with secular jurisdiction. 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 his present Parliament be it Enacted, Such shall not sit in Parliament nor be of the Privy Council, Justice of Peace, or exercise Temporal authority by Commission. That no Arch-bishop 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 Hairs 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, or use, or execute any of the said Offices, Places, Powers, Authorities, and things aforesaid. And be it further Enacted by the authority aforesaid, All Acts and Suffrages contrary hereunto, to be voided. That all Acts from and after the said fifteenth day of February, which shall be done or executed by any Arch-bishop 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 voided to all intents, constructions and purposes. FINIS.